
Class _2K_2A 

Book..__ L^S_Ai 

GopyrightN 



COPYRIGHT DEPOSIT; 



TRAINING 



FOR 



CITIZENSHIP 



AN ELEMENTARY TREATISE 
ON THE RIGHTS AND DUTIES OF CITIZENS 



BASED ON 

THE .RELATIONS WHICH EXIST BETWEEN ORGANIZED 

SOCIETY AND ITS INDIVIDUAL MEMBERS, AND 

BETWEEN THE INDIVIDUAL MEMBERS OF 

ORGANIZED SOCIETY 



BY 

JOSEPH WARREN SMITH, A.M. 

Attorney at Law 
Formerly Superintendent of Schools, Bay City, Michigan 



BOSTON 
LOTHROP PUBLISHING COMPANY 



~\ 






THE LIBRARY OF 
CONGRESS, 

"*"•«<"> Copies Received 

MAY. 31 1902 

Copyright entry 

CLASS 4-XXo, No 

COPY B. 



Copyright, 1902, 

Bv LOTHROP 

PUBLISHING 

COMPANY. 



NortooaU IBress 

J. S. Cushing & Co. — Berwick & Smith 
Norwood Mass. U.S.A. 



This work upon civics owes its existence to the fact 
that no one, so far as the author is aware, has attempted 
to cover the field in a similar way. There are numerous 
works upon civil government in which the Constitution of 
the United States has been discussed with great ability; 
other books have treated the subject from the social stand- 
point ; still others have presented the principles of law ; 
but this is an attempt to combine the essential elements 
of all these features, and, with an historical background 
as a setting, to render the relation of one field to another 
of easy comprehension to the immature mind. If this has 
been successfully done, the result will be of substantia] 
advantage to the many youth in our schools who are even 
now upon the very threshold of life. 

An examination of the plan will show that considerable 
prominence has been given to the township and its gov- 
ernment, for it is here that the pupil has the best oppor- 
tunity to observe the workings of the governmental machine 
in its simplest form. Chapters V, XIX, and XXII are 
transitional, and are introduced with a view to the im- 
parting of such information as will make the learner at 
home in his new surroundings ; still other chapters par- 

3 



PREFACE 



take of this nature, but the idea has not been kept so 
prominent. 

During the preparation of the book the author was so 
fortunate as to spend a number of months in Michigan, 
California, Arizona, and Florida, and availed himself of 
the best of opportunities to observe the peculiarities of the 
local government, and has aimed so to frame his state- 
ments as to meet the varying local conditions he has seen. 
It is confidently believed that with the aid of the Revised 
Statutes, which may usually be had for school use for the 
asking, no state edition will be necessary. 

The sources from which the materials for this work 
have been drawn are so diverse that an enumeration will 
not be attempted. The writer will, however, acknowledge 
his indebtedness to Hinsdale's "American Government" 
and to Bryce's "American Commonwealth," both of which 
should be available for reference. He gratefully acknowl- 
edges the assistance his wife has rendered him in offering 
suggestions and in the preparation of the manuscript. 
He is also under obligations to Colonel Hawley of Los 
Angeles for the very neat description of surveying the 
public lands. 

JOSEPH WARREN SMITH. 



Contents 



PART I 

ELEMENTARY PRINCIPLES— THE HOME, THE SCHOOL 
CHAPTER I 

PAGE 

Individual Rights . . . 15 

Selecting a definition; a citizen; classes of citizens; absolute 
rights; the police power; personal security; personal liberty; pri- 
vate property; religious belief and worship; value of absolute 
rights; political duties; social and other duties; (1) social duties, 
(2) industrial duties, (3) legal duties, (4) moral duties. 

CHAPTER II 

Principles and Definitions . . . . . . . .22 

Law of conduct; law defined; natural law; law of property; 
different sciences; definitions; origin of government; forms of 
government; the three departments; ruler and subject; a consti- 
tution; common law; statute law; the penalty; administrative and 
jural laws; limiting the powers of government; (1) strict-construc- 
tionists, (2) loose-constructionists, (3) socialists, (4) communists, 
(5) anarchists. 

CHAPTER III 

The Home and its Government ^3 

Our home; the marriage relation; the family; object of the 
family; form of government; parental duty; parental authority; 
obedience of children; resources of the family; the homestead; 
exemptions. 

5 



CONTENTS 



CHAPTER IV 

PAGE 

The School and its Government 39 

Education a necessity; the tuition school; the public school; 
private schools; definition of a school; the school district; the 
school board; the school trustee; authority of the teacher; school 
regulations; examination of teachers; resources. 

CHAPTER V 

From Infancy to Manhood 47 

Infancy; childhood; youth; associates; civil officers; other 
officials; legal liability of a minor; the law a shield; self-control; 
personal habits. 



PART II 

THE TOWNSHIP AND ITS GOVERNMENT 
CHAPTER VI 

The Congressional Township 55 

Historical; cessions to Congress; disposal of the public lands; 
government survey; the congressional township; prime meridian 
and base line; the townships; convergence of meridians; correc- 
tion lines; sections; descriptions; acquiring lands; (1) under the 
homestead laws; (2) under the preemption laws; (3) under the 
timber culture act. 

CHAPTER VII 

The Civil Township 62 

Historical; the New England town; a political division; a politi- 
cal unit; the birth of a township; twofold purpose; a pure democ- 
racy; the town meeting; the judicial township; township and 
county units. 

CHAPTER VIII 

Civil Township — Executive Departments 68 

Powers and duties classified; the elective franchise; the town- 
ship charter; distribution of powers; township officers; chief 
executive; township clerk; treasurer; highway commissioner; 
other officers; the county system. 

6 

\ 



CONTENTS 



CHAPTER IX 

PAGE 

Civil Township — Legislative Department 73 

Vesting of legislative powers; township board; judicial powers 
of the board; board of registration; board of election inspectors; 
board of health; board of review; board of school inspectors; 
under the county system. 

CHAPTER X 

The Choice of Township Officers 78 

Candidates; preparation for voting; the polls; method of vot- 
ing; preparing the ballot; challenges; the canvass; majority and 
plurality; qualifying as an officer; assuming the office. 

CHAPTER XI 

Private Property 83 

Nature of private property; definition of labor; division of labor; 
exchange; commerce; money; the coinage; paper money; value 
of paper money; taxation; eminent domain. 

CHAPTER XII 

Real Property 89 

Land; buildings; waters; wild animals; kind of interest; free- 
holds; dower and courtesy; community property; title to real 
property; deeds; mortgages; foreclosure; registration. 

CHAPTER XIII 

Personal Property . 96 

Varieties of personal property; goods and chattels; title by pos- 
session; title by contract; commercial paper; promissory notes; 
quality of title; transfer of title by sale ; chattel mortgages. 

CHAPTER XIV 

Business Enterprises 101 

A business enterprise; a partnership; corporations; (1) powers, 
(2) management, (3) shareholders; joint-stock companies; stock 
exchanges; banks; insurance; credit agencies; indemnity compa- 
nies; building-loan associations; employment agencies; trusts. 

7 



CONTENTS 



CHAPTER XV 

PAGE 

Protection of Person and Property 112 

Courts as instruments of protection; two kinds of injuries; two 
kinds of law; civil injuries founded on contract; civil injuries 
founded on wrongs; a crime; misdemeanors; a felony; treason; 
perjury; murder; arson; civil injury and crime; compounding a 
felony. 

CHAPTER XVI 

The Township Court — Civil Side 118 

A court; a justice's court; a justice's jury; the jury in history; 
qualifications of jurors; civil jurisdiction; the complaint; the sum- 
mons; obtaining possession of property before suit; the subpoena; 
the trial; the verdict; the judgment; the appeal; the execution. 

CHAPTER XVII 

The Township Court — Criminal Side 126 

Criminal jurisdiction ; the complaint; a warrant; the arrest; ad- 
mitting to bail; the arraignment; the trial; the sentence. 

CHAPTER XVIII 

A Civil Case in a Justice's Court 131 

Commencement of suit; service and return; the declaration; the 
adjournment; joining issue; striking a jury; the venire; selecting 
the jury; talesmen; examination of jurors; plaintiff's statement; 
defendant's statement; the evidence; further evidence; the argu- 
ments; concluding argument; the verdict; the judgment; the 
appeal. 

PART III 

THE VILLAGE, CITY, AND COUNTY GOVERNMENT 

CHAPTER XIX 
Formative Influences 143 

Mental habit; social customs; industrial conditions; great in- 
ventions; religion; Magna Charta; habeas corpus; the Bill of 
Rights; the Declaration of Independence; the national constitu- 
tion; ordinance of 1787; emancipation proclamation; popular ex- 
pressions; public men; writers and inventors. 

8 



CONTENTS . 



CHAPTER XX 

PAGE 

Villages and Cities . . . -151 

Historical; incorporation; how villages and cities are born; the 
charter; general principles; a cooperative association; identical 
features; national features; ordinances; subordinate boards; 
village courts; city courts; choice of officers. 

CHAPTER XXI 

The County — Its Legislature . . . . . .158 

The English county; the New England county; the Southern 
county; the compromise county; definition of a county; size and 
boundaries; the county seat; the board of supervisors; the judicial 
powers of the board; the county charter; subordinate boards. 

CHAPTER XXII 

Political Machinery — Caucus and Primary . . . . .164 
Political parties; the county committee; township and ward 
politics; a political caucus; political clubs; the primary; holding 
a primary; ratio of representation; delegates; alternates and 
proxies. 

CHAPTER XXIII 

Political Machinery — Convention and Election . . -171 
The convention; committee reports; real work of the conven- 
tion; nominations by petition; the campaign; the election; can- 
vass of votes. 

CHAPTER XXIV 

Administrative Officers 176 

Kinds of officers; the sheriff; sheriff's assistants; county clerk; 
the treasurer; register of deeds; superintendent of schools; other 
administrative officers. 

CHAPTER XXV 

The County Courts 181 

Necessity for county courts; circuit courts; probate courts; law 
and equity; jurisdiction; the grand jury; the petit jury; super- 
visory powers; appeals; error; mandamus; injunctions; the circuit 
judge; the sheriff as court officer; the clerk as court officer; attor- 
neys at law; the county attorney; court commissioners. 

9 



CONTENTS 



CHAPTER XXVI 

PAGE 

The Territories 190 

Historical; a European colony; an American territory; the con- 
stitution of a territory; an unorganized territory; an organized 
territory; executive and judicial departments; local life; admission 
to statehood. 



PART IV 

THE STATE GOVERNMENT 

CHAPTER XXVII 

One of the United States 201 

Definition of a state; a sovereign state; boundaries; colonial 
charters; state constitutions; provisions of a constitution; inter- 
pretation of the constitution; miscellaneous provisions; the initia- 
tive; the referendum; resources. 

CHAPTER XXVIII 

The Executive Department 208 

The counties combined; a business association; local agents of 
the state ; the governor — civil executive, commander-in-chief of the 
militia, legislator, judicial duties; qualifications of governor; the 
lieutenant governor; removal from office. 

CHAPTER XXIX 

Aids to the Executive 214 

Number of departments; the secretary of state; the state treas- 
urer; the attorney general; the superintendent of public instruc- 
tion; commissioner of insurance; the railroad commissioner; 
administrative boards; the militia; the state library. 

CHAPTER XXX 

The Legislative Department 221 

Bicameral; the membership; the Senate; the House of Repre- 
sentatives; sessions; committees; from a bill to a law; public 
acts; local acts; the lobby; constitutional limitations. 

IO 



CONTENTS 



CHAPTER XXXI 

PAGE 

The Judicial Department 231 

Purpose of the courts; the judicial system; the subordinate 
courts — the justice's court, probate courts, county courts, municipal 
courts, circuit courts; the Supreme Court; supervisory powers; the 
supreme judges; supreme court officers; courts of other states. 



PART V 

THE NATIONAL GOVERNMENT 

CHAPTER XXXII 

The Founding of the Nation 241 

From colony to state ; colonial unions; the New England Con- 
federation; the Albany plan; the continental union; the Conti- 
nental Congress; the Confederation; separating influences; unify- 
ing influences; the Constitutional Convention; the Constitution a 
compromise; nature of the compromise; interpretation of the 
Constitution; amending the Constitution; checks and balances; 
federalism. 

CHAPTER XXXIII 

Executive Department of the Nation 253 

State and nation; the three departments; the President — civil 
executive, military duties, legislator, judicial duties, foreign repre- 
sentative; qualifications of President; choice of President; the 
electoral college; choice by Congress; the Vice-President. 

CHAPTER XXXIV 

Aids to the National Executive 260 

The English Cabinet; advisers to the governors; the American 
Cabinet; comparisons; departmental business; secretary of state; 
secretary of the treasury; secretary of war; secretary of the navy; 
postmaster general; the attorney general; secretary of the interior 
— pension office, land office, patent office, Indian affairs, census 
bureau; secretary of agriculture — experiment stations, weather 
bureau; independent departments. 



CONTENTS 



CHAPTER XXXV 

PAGE 

Domestic and Foreign Relations 272 

The civil service; civil service reform; education; Smithsonian 
Institution, Indian schools; public international relations; private 
international relations — the diplomatic service, the consular ser- 
vice ; the army — composition, military rank, bureau of military 
justice, educational features; the navy. 



CHAPTER XXXVI 

The National Legislature 283 

National and state legislatures compared; sessions of Congress; 
the Senate — special powers, organization, membership ; the House 
— ratio of representation, special powers, organization, congres- 
sional districts, membership; the committee system; congressional 
legislation; powers of Congress — express, implied; magnitude of 
business. 

CHAPTER XXXVII 

The National Judiciary 293 

Historical; departments interdependent ; United States commis- 
sioners; district courts; court of claims; circuit courts; circuit 
courts of appeal; the Supreme Court; common to more courts 
than one. 



12 





Part I 


Elementary 


Principles — The Home 




The School 


Chapter I. 


Individual Rights 


Chapter II. 


Principles and Definitions 


Chapter III. 


The Home and its Government 


Chapter IV. 


The School and its Government 


Chapter V. 


From Infancy to Manhood 



I 

INDIVIDUAL RIGHTS 



" All men are by nature free and independent, and have certain 
inalienable rights, among which are those of enjoying and defending 
life and liberty ; acquiring, possessing, and protecting property ; and 
pursuing and obtaining safety and happiness." 

— Constitution of California. 



i. Selecting a Definition. — When we wish to know 
the meaning of a word, our first thought is to consult 
the dictionary. It would not, however, always be safe 
for us to accept the first definition we might see; for 
very likely it would not make good sense in the place 
we might wish to use it. Even a shade of meaning 
often makes a great difference. 

2. A Citizen. — The word "citizen," for example, is used 
in two senses, — a narrow and a broad. In a narrow 
sense, a citizen is any person who has the right to vote for 
a public officer, and may himself hold a public office. 
In a broad sense, a citizen is any inhabitant of a state 
who is not an alien. 

3. Classes of Citizens. — Citizens may be divided into 
two classes, — native-born and naturalized. Native-born 
are those who have been citizens from birth. The 
citizenship of the parent at the birth of the child, as a 
rule, determines the citizenship of the child. Naturalized 

l S 



TRAINING FOR CITIZENSHIP 



are such as have been given the rights of citizenship. 
An alien is one who owes allegiance to a foreign 
government. 

4. Absolute Rights. — The absolute rights which belong- 
to every citizen are personal liberty, personal security, 
private property, and religious belief and worship. To 
secure these rights, certain regulations have been adopted 
from time to time by society, and every person has 
agreed, directly or indirectly, to be bound by them. In 
return for this obedience, society, as a whole, or the 
state, guarantees protection. 

5. The Police Power. — The police power is the right 
which society has to make and enforce laws for the 
protection of its citizens. This it accomplishes through 
the agency of civil officers. A good citizen has not 
done his whole duty when he has merely obeyed the 
laws. Whenever he sees that they are being violated, 
or knows them to have been violated, he is bound to 
take all proper steps to bring the offenders to justice. 
The officers would never be able to enforce the laws 
without a strong public sentiment which the citizens 
must themselves create. 

6. Personal Security. — By personal security we mean 
the right which every one has to enjoy his life, his body, 
his health, and his reputation. No man is permitted to 
take, wantonly, the life of another, nor to inflict any 
injury upon him that will cause pain or sickness. If 
we are ill, we are entitled to medical attendance, and if 
we are too poor to employ a physician, society will do 
so for us. Nor must any one be allowed to injure our 
good name, which is more precious than life itself. 

16 



INDIVIDUAL RIGHTS 



7. Personal Liberty. — Personal liberty consists in our 
right to go wherever our inclination may direct, without 
interference from any one. Formerly, even in this country, 
the people were divided into two classes, — freemen and 
slaves ; but since the Civil War there have been no slaves 
in America. Every free man has this right of personal 
liberty ; a slave does not. 

8. Private Property. — The right of private property 
(114) consists in the right to use, enjoy, and dispose of 
any property that one may have, without interference 
from another. As society is at present organized, this 
right is a necessity. One cannot be in the full enjoyment 
of his body or his life, if he does not have the means of 
protecting his life and of nourishing his body. 

9. Religious Belief and Worship. — But the aim of 
society is not fully accomplished when it secures to every 
citizen safety, liberty, and property. A free government 
will also protect him in entertaining and expressing his 
opinion upon all questions which relate to the public wel- 
fare. This is especially true as to religion, which is, and 
always has been, one of the greatest forces in human 
affairs. The right of religious belief and worship may be 
defined as the right which one has to worship God in any 
manner, or not at all, as he sees fit. For any error he 
may make the individual is responsible, not to society, but 
to God himself. No one, however, is permitted, under the 
cloak of religion, to commit an act which society, by means 
of public law, has declared to be a crime. 

10. Value of Absolute Rights. — These rights are the 
inheritance of every native-born citizen, and every alien 
acquires them when he becomes a citizen. We are so 

17 



TRAINING FOR CITIZENSHIP 



accustomed to their enjoyment that we do not realize their 
present value ; nor that it has cost millions of lives, billions 
of dollars, and untold suffering to acquire and preserve 
them. Any one who interferes with our exercise of these 
rights is a trespasser ; and the offence, when accompanied 
by violence, is a crime. If by our conduct we show our- 
selves unworthy of these great privileges, they can be 
taken from us ; but this must be done in an orderly man- 
ner, and such as is prescribed by the law of the land. 

ii. Political Duties. — The relation which the citizen 
sustains to the state, and to his fellow-men, impose upon 
him certain obligations. With reference to the state, these 
may be classified as political ; with reference to his fellow- 
men, they are social, industrial, legal, and moral. Political 
duties are such as pertain to the part one should take in 
administering the government. It is the duty of a good 
citizen to learn all he can about the nature of the govern- 
ment under which he lives, how its laws are made and 
enforced, the character of its foreign and domestic policy, 
its glorious history, and the theories advocated by the 
great political parties for the shaping of its future destiny. 
A good citizen will attend the primaries, cast his vote for 
the best men, and even seek office himself, if the welfare 
of the community demands it. 

12. Social and Other Duties. — But if no one did more 
than merely discharge his political duties, there would be 
no progress, no improvement, society would be at a stand- 
still, and the character of all our institutions would eventu- 
ally decline. There are elements in society which to 
advance their own personal interests will not hesitate 
to trample on the rights of others. They pass sleepless 

18 



INDIVIDUAL RIGHTS 



nights in inventing ways to evade the laws ; they combine 
their skill and their money to secure enactments which 
will favor their selfish ends (242) ; they engage in pursuits 
which tend to debase humanity. By the faithful dis- 
charge of our social, industrial, legal, and moral duties, 
we may each be instrumental in reforming and elevating 
these influences. 

1. Social Duties. — Social duties are such as are con- 
cerned with the improvement of humanity. Ignorance, 
pauperism, and crime are to be found in every com- 
munity ; and the evils which flow from these sources, 
unless checked, will destroy the very foundations of the 
government. We ought, then, to give our active assistance 
to all those agencies which aim to alleviate suffering, ban- 
ish ignorance, or prevent crime. We should support the 
churches, favor enterprises which will give employment to 
labor, assist charitable institutions, and extend a helpful 
hand to the poor. 

2. Industrial Duties. — Perhaps the most important duty 
which we owe to society at large is to support ourselves. 
The world does not owe us a living ; but only an oppor- 
tunity for earning it. In our youth we should obtain, 
not only intellectual education, but an industrial one. By 
the latter term is meant any kind of training which will 
enable us to make a living for ourselves, and for those 
who may hereafter be dependent upon us. 

3. Legal Duties. — We cannot be members of society 
without sustaining relations to others which are legal in 
their nature. Such are those of parent and child, master 
and servant, pupil and teacher, guardian and ward, debtor 
and creditor. It is our duty to serve on juries, to pay our 

19 



TRAINING FOR CITIZENSHIP 



taxes, and even to protect our property by a suit at law 
when occasion requires it. 

4. Moral Duties. — But religion and morality are also 
essential to national character. At present reformatories 
and prisons are as necessary as schoolhouses and churches ; 
and our civil courts spend far more time in rescuing our 
property from schemes of dishonest men than in settling 
honest difficulties. All this would be changed if every 
one would take the Golden Rule for his life's motto, and 
seek to do right for right's sake. 

TOPICAL ANALYSIS 

i. The selecting of a definition. 

2. A citizen in two senses. 

3. Native-born and naturalized citizens. 

4. Our absolute rights. 

5. The police power. 

6. Rights enumerated : — 

(1) Personal security. 

(2) Personal liberty. 

(3) Private property. 

(4) Religious belief and worship. 

7. Value of absolute rights. 

8. Political duties. 

o. Other duties enumerated : — 



(1) Industrial. 

(2) Social. 

(3) Legal. 

(4) Moral. 



20 



INDIVIDUAL RIGHTS 



QUESTIONS AND EXERCISES 

i. Commit to memory the first paragraph of the Declaration of 
Independence. 

2. Is it our duty to feed a hungry tramp? 

ji 

3. How does " due process of law" differ in meaning from " law of 

the land » ? 

4. Why is it ever one's duty to protect his property by a suit at 
law? 

5. The principle, " once a subject, always a subject," led to what 
war ? 

6. What is duress ? 

7. Is teaching an industrial pursuit ? 

8. How does a reformatory differ from a prison ? 

9. In what does the offence known as " lese majesty " consist? 
10. How does a right differ from a duty ? 



i\ 



II 

PRINCIPLES AND 


DEFINITIONS 




"And sovereign law, the state'* 

O'er thrones and globes 

Sits Empress, assisting good, 

. 


5 collected 
elate 

repressing 


will, 
ill." 



13. Law of Conduct. — We often hear it said that this is 
a free country, and so it is ; but this does not mean that 
every one can do as he pleases. We are each entitled to 
the enjoyment of our absolute rights; but we must be 
careful so to regulate our conduct as not to interfere with 
another's right to the same privilege. It is not likely that 
we should always be able to do this, if it were not for cer- 
tain regulations which society has adopted for the guidance 
of its members. This principle lies at the foundation of 
the police power (5). 

14. Law Defined. — A law may be defined as a rule of 
conduct, prescribed by a superior, and which an inferior is 
bound to obey. The four things to be considered in this 
definition are the superior, the inferior, the expression of the 
will of the superior, and the necessity for obedience. 

15. Natural Law. — Place a feather and a bullet in a 
glass tube from which the air has been exhausted ; now 
invert the tube, and the feather and the bullet will be seen 
to reach the bottom at the same instant. This is an illus- 
tration of the law of falling bodies. Here the superior is 

22 



PRINCIPLES AND DEFINITIONS 

the Creator, the inferior is the feather and the bullet, the 
force of gravity is the law, and the obedience of the infe- 
rior cannot be avoided. 

16. Law of Property. — We all know that we must not 
take and carry away any of our neighbor's property with- 
out his knowledge and consent. The law which forbids 
this was established by society for the protection of one of 
our absolute rights. This is a reasonable regulation, for 
unless we obey it, private property cannot exist. 

17. Different Sciences. — A little thought will show you 
that these laws differ very materially in their nature. They 
represent two classes, one of which pertains to things, the 
other to human actions. The one class forms the basis of 
the so-called physical sciences ; the other, of the political 
sciences, among which is civil government. 

18. Definitions. — Civil government is that branch of 
political science which treats of the political rights and 
duties of the citizen (11). The word "civil" means relat- 
ing to the citizen ; and the science of civil government 
deals with the relation of the citizen to the state (4). 
Political economy is that branch of political science which 
treats of the production and distribution of wealth. The 
former deals with the essential functions of government, 
as the keeping of the peace and the administration of 
justice in civil causes; the latter, with the non-essential 
functions, as the regulation of trade and industry. The 
rights which the second political science seeks to advance 
are called economic, because they pertain to the comfort 
of the nation considered as one family. 

19. Origin of Government. — There are three theories 
as to the origin of government, two of which assert that 

23 



TRAINING FOR CITIZENSHIP 



the Creator is the source of all power. The first maintains 
that He has conferred the right to rule upon one person, 
who, therefore, is the supreme ruler by divine appoint- 
ment. Such was the theory of the Stuart kings of Eng- 
land, and is now in all those states where the Moham- 
medan religion prevails. The second theory holds that 
the Creator gave to all the people who compose the nation 
the right to choose their own rulers. The third theory is 
that of the social compact (222). It holds that at our birth 
we entered into an implied contract (161) to obey the rules 
of organized society in return for the advantages which it 
affords. 

20. Forms of Government. — The form of a government 
depends upon the character of its law-making power ; and 
it often happens, as in the case of Greece, that the history 
of one nation will illustrate several forms. A despotism 
is where one person carries everything by his own will and 
caprice, without law and without rule. In an absolute 
monarchy the chief ruler governs according to the forms 
of law, but his power to change the laws is unrestricted. 
An oligarchy is where the chief power is in the hands of 
the few. An aristocracy is where the government is admin- 
istered by the "best people," or in other words by the 
nobles. Its principle is that " not to the common crowd, 
but to the select, belongs the preference in government." 
A pure democracy (80) is where the laws are made by all 
the people. A democracy has been defined as " a state 
where everything begins and ends with the people." A 
representative democracy, or a republic, is where the laws 
are made by representatives elected by the people. The 
principle of a democracy is equal rights for all citizens. 

2 4 



PRINCIPLES AND DEFINITIONS 

21. The Three Departments. — If you will examine the 
book, or books, in which are published the laws by which 
this state is governed, you will observe that they are very 
numerous, and that they are upon a great many different 
subjects. Some of them are very simple, and others are 
apparently very complex ; but whether simple or complex, 
none of them were made by any one man, but by a body 
of men especially chosen for that purpose. This body of 
men forms the legislative department, or, as it is generally 
called, the legislature. 

But after a law has been enacted, some one must set it 
in motion when occasion requires. For example, the tax 
law contains carefully drawn directions as to how the 
taxes shall be assessed and collected; but if the assessor 
never makes out his roll, and the treasurer never calls 
upon us to pay, the public treasury will never receive 
anything from this source. Those officers whose duty 
it is to enforce the laws form the executive department. 
They are also very properly called administrative officers 

(271). 

It sometimes happens that the provisions of a law are 
not clearly expressed, and an executive officer will think 
it means one thing, while the one against whom he is 
attempting to enforce it will give it a meaning more favor- 
able to his interests. In such a case the officer will insist 
upon the enforcement of the law according to his under- 
standing of it, and the other must submit for the time ; but 
afterwards he can appeal to another man, or body of men, 
to say whether he or the officer was correct, and both must 
abide by the decision. Those men whose duty it is to 
interpret the law form the judicial department. 

25 



TRAINING FOR CITIZENSHIP 



22. Ruler and Subject. — When we speak of " the gov- 
ernment" in a republic, we may refer to the body of rules 
by which the will of the people is made known. Usually, 
however, we have in mind the public officers who make, 
interpret, and execute the laws. We generally speak of 
these public officers as "our rulers," because they are 
placed in authority over us. All the rest are regarded 
as subjects. 

23. A Constitution. — A constitution in this country is 
a written instrument in which is expressed the will of the 
whole people. The state constitutions have, in most 
instances, been submitted to a direct vote of the electors, 
and when adopted, have become the supreme law of the 
state, binding alike upon the highest officer and the 
humblest citizen. No law passed by the legislature is of 
any validity if it conflicts with any provision of the con- 
stitution. The constitution of England does not consist 
of a single act, nor was it ever adopted by a direct vote of 
the electors, but by their representatives in Parliament. 

24. Common Law. — Common law consists of all those 
principles, usages, and rules of action, applicable to the 
protection of person and property, which do not rest for 
their authority upon the direct and express declaration of 
the will of the legislature. These laws depend for their 
validity upon long-continued custom. A good illustration 
may be found in the widow's right of dower (130). When 
we speak of the " common law," we refer to the customs 
which regulated the ordinary affairs of life in all parts of 
England before the Revolution, and to which our fore- 
fathers were accustomed when they came to this country. 
Local customs are excluded. 

26 



PRINCIPLES AND DEFINITIONS 

25. Statute Law. — A statute is a law enacted by the 
legislature. Many of the statutes are simply formal en- 
actments of what was once permitted or forbidden by the 
common law. This is particularly true of the criminal code. 
Larceny was a crime at the common law before it was made 
so by statute ; but this was not so with embezzlement. On 
the contrary, to import goods without paying the duty is 
a statutory crime, and was not a crime at the common law. 

26. The Penalty. — All laws consist of two parts, — a 
statement of the thing commanded or forbidden, and a 
penalty for the disobedience. A law without a penalty is 
simply a recommendation, which no one would obey from 
any fear of the consequences. This penalty may be loss 
of property, or of liberty, or of both, or even of life. 

All punishment has for its aims the prevention of crime 
and the reformation of the offender. The old law said " an 
eye for an eye and a tooth for a tooth " ; but this is not the 
modern spirit. Individual citizens may be animated by 
the spirit of revenge ; but all the people of the state, in 
whose name the penalty is inflicted, cannot possibly enter- 
tain this thought. Experience has shown that the certainty 
and the promptness with which conviction and punishment 
follow the commission of crime are far more effective for 
its prevention than is the severity of the penalty. In some 
of the states even murder is not a capital offence. Prison 
discipline is now far milder than formerly ; and much more 
humane in civilized than in barbarous countries. Trade 
instruction, chapel exercises, entertaining exhibitions, in- 
structive lectures, and the shortening the term of imprison- 
ment for good behavior are among the agencies employed 
for reformation. 

27 



TRAINING FOR CITIZENSHIP 



27. Administrative and Jural Laws. — With reference 
to the ends they seek to accomplish, laws may be classified 
as administrative and jural. The former are such as relate 
to the duties of executive officers, to the methods of carry- 
ing on the government, and to the providing for the com- 
mon defence. As to these objects, the state may, within 
certain limits, adopt any means deemed necessary to secure 
a strong and efficient administration of public affairs. 

Jural legislation has for its object the settling of those 
controversies which arise between individuals, or between 
the state and individuals, as to their mutual claims and 
demands. In this way does the state seek "to establish 
justice and insure domestic tranquillity." To accomplish 
these purposes, courts of justice are instituted, and their 
methods of procedure are prescribed. To prevent contro- 
versies from arising, the state has provided business rules 
for men to follow ; as, for example, that certain contracts 
must be in writing. To settle controversies after they have 
arisen, certain principles have been recognized, either by 
the legislature or by the courts : as that the guardian shall 
be held responsible for any funds that may come into his 
hands belonging to his ward. 

28. Limiting the Powers of Government. — It is uni- 
versally recognized that no form of government is tolerable 
which has not the strength to exercise its essential func- 
tions (18). Even the despotism of Russia is to be preferred 
to the lack of control which exists in the republic of Hayti. 
No government can command the respect of its own sub- 
jects, unless it is able to administer justice, pay its obliga- 
tions, repress domestic disorder, and defend its citizens 
when abroad. That the public authority shall have suffi- 

28 



PRINCIPLES AND DEFINITIONS 

cient resources and ample power to accomplish this, all 
good citizens are agreed. But when it comes to non- 
essential functions, there is a wide difference in opinions, 
which, however, are capable of classification. 

i. Strict-constructionists. — Those who advocate the 
principle of non-interference with any undertaking that 
can be accomplished by private enterprise, may be called 
strict-constructionists. Extremists of this class would even 
deny the right of the government to carry the mails. In 
the history of our country, the strict-constructionists have 
always formed a powerful party ; and although they have 
been forced to abandon one position after another, yet 
they have undoubtedly done great good by preventing the 
too rapid and dangerous centralization of power. 

2. Loose-constructionists. — The principle of the loose- 
constructionists is that the government should exercise its 
powers " to promote the general welfare " (403). To accom- 
plish this, they favor a protective tariff instead of free trade, 
for in this way, they say, industries will be started which 
will give employment to labor. It is in accordance with 
this theory that public land has been given (64) to build 
railroads; that steamship companies have been subsidized; 
and that bounties have been voted to establish sugar fac- 
tories. In our cities also we have municipal ownership of 
waterworks, and of electric light plants. Some even advo- 
cate state ownership of the telegraph and telephone lines, 
of the railroads, and the city ownership of the street car 
lines, on the ground that their use has come to be a public 
necessity. 

3. Socialists. — The aim of socialism is to improve the 
lot of humanity, which it proposes to accomplish by the re- 

29 



TRAINING FOR CITIZENSHIP 



organization of society. The socialist would have the gov- 
ernment own and operate all the factories, the farms, the 
railroads, and the ships, fix the price of labor, and distribute 
to every man according to his work. He would leave to 
the individual only that form of property which does not 
produce anything. " His war-cry is ' Free land, free tools, 
free money.' ' He is opposed to the present system by 
which one man lives from the profits of another man's 
labor; and says that when this is rendered impossible, 
every man will have enough, and that the evils arising 
from intemperance, poverty, and crime will disappear. 

4. Communists. — Communism is a special kind of social- 
ism. Every communist is a socialist ; but every socialist 
is not a communist, for the latter would do away even 
with private property. Share and share alike, every man 
according to his need, and not in proportion to his work, is 
the principle of the communist. The idea is a very old one. 
Plato in his " Republic " advocated it, as did also Sir Thomas 
More in his " Utopia," and the early Christians practised 
it (Acts, ch. iv. 35). Perhaps the most noted organization 
of the kind in this country is that of the Shakers in New 
York. The teachings of the communists are, as a rule, 
opposed to the home, and are destructive of it. 

5. Anarchists. — A communist of an extreme type is an 
anarchist. But the one recognizes the necessity of govern- 
mental control ; while the other is opposed to any form of 
government, and would destroy it. When the unnatural 
pressure is removed, all men, says the anarchist, will in- 
stinctively form themselves into self-governing cooperative 
associations, based upon liberty, equality, fraternity. The 
communist would bring about his reforms by agitation, by 

30 



PRINCIPLES AND DEFINITIONS 

education, by the ballot. He is an evolutionist. The 
anarchist of the milder type would also adopt peaceful 
means ; but the extremist would attain his ends by fire, 
by the sword, by dynamite. Killing, burning, — all means 
are justifiable. He is a revolutionist 

TOPICAL ANALYSIS 
i. Law of conduct. 

2. Definition of Law. 

3. Law of nature. 

4. Law of property. 

5. Physical and natural sciences. 

6. Definitions of, (a) civil government ; (b) political economy. 

7. Origin of government. 

8. Different forms of government. 

9. The three departments, — legislative, executive, and judicial. 

10. Ruler and subject. 

11. A constitution. 

12. Common law. 

13. Statute law. 

14. The penalty; purpose of punishment. 

15. Administrative laws; jural laws. 

16. Limitations. Theories of : — 

( 1 ) Strict-constructionists. 

( 2 ) Loose-constructionists. 

(3) Socialists. 

(4) Communists. 4 

(5) Anarchists. 

QUESTIONS AND EXERCISES 

1. Does ignorance of a law justify one in disobeying it ? 

2. In what sense is it true that all men are created equal ? 

3. What government is both an aristocracy and a limited monarchy ? 

3 1 



TRAINING FOR CITIZENSHIP 



4. Give two forms of government not mentioned in the text. 

5. How does a rule differ from a law ? 

6. Justify a law offering a reward for the destruction of English 
sparrows. 

7. To what class of theorists does the nihilist belong ? 

8. What probable effect does lighting the streets of a city have 
upon crime ? 

9. What is meant by "Judge Lynch " ? 

10. How does scientific knowledge differ from any other ? 



32 



Ill 

THE HOME AND ITS GOVERNMENT 



"The strength of a nation, especially of a republican nation, is 
in the well-ordered homes of the people." — Mrs. Sigourney. 



29. Our Home. — The first form of government with 
which we come in contact is that of our home. Surrounded 
by father and mother, and very likely by brothers and 
sisters, we have never thought of our home except as the 
place which contains all that is most dear to us. No matter 
whether it consists of one room, or is a palace, it is the one 
place which we never leave willingly for any length of 
time, and to which, when we are absent, we always desire 
to return. 

30. The Marriage Relation. — The marriage relation is 
formed when two persons of opposite sex agree to assume 
the duties of husband and wife. The law usually requires 
that a license shall be procured from the county clerk, and 
that both parties shall be obliged to answer satisfactorily 
certain questions asked by one who is duly authorized to 
perform the ceremony. This officer then issues to the 
newly married couple a certificate, signed by himself and 
by one or more witnesses. This agreement is sometimes 
called a contract (140), but differs from an ordinary con- 
tract in that neither party has the right to break it, even 

33 



TRAINING FOR CITIZENSHIP 



with the consent of the other, and the relation can be dis- 
solved only by death, or by the action of a court. The 
dissolution of a marriage by a court is called a divorce. 

31. The Family. — The family is a little society, consist- 
ing of those united by the ties of marriage and blood-rela- 
tionship, dwelling under one roof and holding property in 
common (37). It may be said to be composed of three 
concentric circles. Within the inner circle are included 
the father, the mother, and the children. Between the 
circumferences of the inner and the second circles are to 
be found the near relatives of the father and the mother. 
The remaining space is occupied by the guests and the 
servants. Formerly the position of the servants in the fam- 
ily was much more intimate than it now is, and the relation 
continued throughout life. 

32. Object of the Family. — The importance of protect- 
ing the family and of preserving the purity of its life can- 
not be overestimated. "No nation," says Holland, "can 
be destroyed while it possesses a good home life." A little 
child is the most helpless of living beings, and if left to 
itself would soon perish ; but, under the fostering care of 
the parents, it develops into the strong, self-reliant man or 
woman. The proper nurture of the child in the family is 
secured both through the love of the parents and the law 
of the land. The mental, moral, and religious training of 
the child is also best secured through the family, which is 
"the school of all virtues." 

33. Form of Government. — The germ of civil liberty lies 
in the family. As the family is a little society, and as no 
society can exist without laws to regulate the conduct of 
its members, it follows that family government is a neces- 

34 



THE HOME AND ITS GOVERNMENT 

sity. Since the children in early life must depend entirely 
upon the parents for support, it is but reasonable that the 
rules which are to regulate their conduct should be framed 
by the parents. As the father and the mother are both 
equally interested in the end toward which all family 
discipline is directed, ordinarily there will be no conflict in 
authority. Should differences arise, as there must be 
some ultimate appeal, the supreme authority rests, by 
common consent, by the nature of the case, "and by the 
laws of the land, with the father. The form of the govern- 
ment is, therefore, that of a monarchy. 

34. Parental Duty. — The duty of the parent is to sup- 
port the child during the helpless years of its minority. 
If it be sick, the parent must supply care and medical 
attendance. The child is not only to be fed, clothed, and 
governed, but also to be suitably educated. The nature of 
this support, and the extent of the education, will neces- 
sarily depend upon the circumstances of the parent. 
Children of the rich and poor cannot be provided for 
alike ; but the one will have better food and clothing, and 
better educational advantages than the other. Food, 
clothing, and education are rights which belong to the 
child ; and if the parents do not furnish them, they will be 
liable to punishment by the civil authorities. 

35. Parental Authority. — Among the Romans, the father 
could enforce obedience, not only by the milder means of 
correction, but could even take the life of his child if he 
saw fit. Parental authority extended also to any property 
that might come into the possession of the child during 
the father's lifetime. With us, the parent may inflict mod- 
erate corporal punishment, but his authority ceases entirely 

35 



TRAINING FOR CITIZENSHIP 



over personal property when the child becomes of age. 
Whatever he may earn before his majority belongs to the 
father; but this is not the case with property acquired 
from any other source (131). The master may bar his 
doors against any one, and ordinarily even a sheriff is not 
permitted to search a house, unless he can produce a war- 
rant (189). 

36. Obedience. — The law not only gives the parent the 
right to govern his household, but makes it his duty. 
Children must obey their parents, and no reason need 
be given for the command. No habit is more valuable 
than that of rendering perfect obedience to those in right- 
ful authority. In a modified degree this duty to obey 
extends to any who may seek the protection of the house- 
hold. 

37. Resources of the Family. — The income of the family 
will be derived principally from the labor of the different 
members, and from whatever property may belong to it. 
We have seen that the property is held in common (31); 
but this only means that the income arising from it is 
expended for the common good. The legal control of it 
is wholly in the hands of the parents during the lifetime 
of the father, who at his death may dispose of all, except 
the portion the law reserves to the mother (130), as he 
sees fit. He may disinherit his children if such is his 
desire. If, however, no will be made, the law provides that 
each child shall have a share. 

38. The Homestead. — When a family owns a home, the 
house and the land immediately surrounding it is called 
the homestead. This may consist of forty acres of land, 
or even of a larger amount ; or of a dwelling house and a 

36 



THE HOME AND ITS GOVERNMENT 

single lot ; or of a lot, if the purpose be to build a house 
upon it with the intention of making it a home ; or even 
of money in the bank, if it came from the sale of a home- 
stead and is being kept to purchase another. In general 
the husband is permitted to sell any personal property 
which he may have himself acquired either before or after 
marriage, or which the family may have acquired by the 
labor of any member, without the consent of the wife ; 
but this is not the case with the homestead, and in some 
of the states the same rule applies to all real estate (133). 

39. Exemptions. — Besides the homestead, which, if it 
be below a certain value, is always exempt from sale upon 
execution (186), there are also certain articles of personal 
property (187) which cannot be taken from the family 
by the officers and sold for the payment of debts, without 
the consent of the father or the mother, and sometimes of 
both. Among these articles may be enumerated the house- 
hold furniture, the clothing one wears, and the tools which 
are necessary to enable the householder to carry on his 
business. The earnings -of a married debtor for his per- 
sonal services are generally exempt, either absolutely up 
to a certain amount, or, as in Arizona, for the amount 
earned during a fixed period of time immediately preceding 
the commencement of suit, if they are necessary for the 
support of the family. It is by means of the homestead 
and exemption laws that society protects the helpless 
members of the family from the distress which a rapacious 
creditor might otherwise bring upon them. 

So far has this principle been carried that, in some states, 
a householder may be worth several thousand dollars in 
property not liable to seizure. 

37 



TRAINING FOR CITIZENSHIP 



TOPICAL ANALYSIS 
i. Our home. 

2. The marriage relation ; divorce. 

3. The family. 

4. Object of the family relation. 

5. Form of government. 

6. Parental duty. 

7. Parental authority. 

8. Obedience of children. 

9. Resources of the family. 

10. The homestead. 

11. Exemptions. 

QUESTIONS AND EXERCISES 

1. How old must a boy be before he is entitled to his own wages ? 

2. If a child commits a wilful injury upon another, will the parent 
be responsible ? 

3. Consult the statutes of your state, and make a list of articles 
which are exempt from seizure upon execution. 

4. How may the name of a person living in this state be legally 
changed ? 

5. Why does the law permit a man to give his property to strangers 
by will, if he sees fit ? 

6. In what two ways may a person become a member of a family ? 

7. What is alimony ? 

8. In what two ways may uniform divorce laws be secured ? 

9. Who wrote " Home, Sweet Home " ? 

10. Why does the law protect the homestead ? 



38 



IV 

THE SCHOOL AND ITS GOVERNMENT 



" Religion, morality, and knowledge being necessary to good gov- 
ernment and the happiness of mankind, schools and the means of 
education shall forever be encouraged.'" — Ordinance of 1787. 



40. Education a Necessity. — The term " education," as 
here used, means that knowledge and discipline derived 
from the study of the so-called common branches, and are 
usually obtained in the elementary schools. This much at 
least is necessary, not only for our protection in business 
life, but also to enable us to discharge the simplest duties 
of citizenship. So important is it considered in this country 
that every child should have an opportunity to acquire a 
common school education at least, that all concede it to 
be the duty of the state to furnish it. Even those who 
entertain the strictest views as to the functions of govern- 
ment (28) do not deny the right of the state to levy a tax 
for the support of the public schools. Many of the states 
have enacted laws to compel children between certain ages 
to attend school for a certain number of months during 
each year. 

41. The Tuition School. — The school, it must be re- 
membered, is of very ancient origin. There were famous 
schools and learned teachers in Egypt, India, Greece, and 
Rome long before the birth of Christ, and we have records 

39 



TRAINING FOR CITIZENSHIP 



of English schools antedating the reign of Edward III. 
It was not, however, until comparatively recent times that 
the free school was established. Before that the teaching 
of the common branches was intrusted to instructors em- 
ployed and paid by the parents, and only in some of the 
great universities was the tuition free. Even now it is 
only among the more progressive nations that the elemen- 
tary school is supported wholly by the state. 

42. The Public School. — The public school system of 
this country had its origin in New England. In 1647 the 
General Court of Massachusetts declared that, " In order 
that learning may not be buried in the graves of our 
fathers " a schoolmaster shall be employed in every town- 
ship of fifty householders " to teach all such children as 
shall resort to him to write and read." This law laid the 
foundation of the free common school system of the United 
States. It was, however, left for the town meeting to 
determine in what manner the teacher's wages should be 
paid. The church school was supported by taxation, and 
when the parents of a sufficient number of town children 
did not wish them to attend the church ^school, the town 
authorities could maintain one for them. Still it was not 
until 1827 that in Massachusetts the common schools were 
wholly supported by the state. 

In 1787 the Continental Congress passed an ordinance 
for the government of the territory northwest of the 
Ohio River containing this clause, " Religion, morality, and 
knowledge being necessary to good government and the 
happiness of mankind, schools and the means of education 
shall forever be encouraged." In pursuance of this pol- 
icy Congress set apart the sixteenth section of the public 

40 



THE SCHOOL AND ITS GOVERNMENT 

domain (73) for the support of schools. Thus was the 
principle of state aid firmly established in those states 
formed out of the Northwest Territory, and the principle 
of full state support for the common schools has not only 
been adopted there, but in every state in the Union. 

43. Private Schools. — Besides the public schools which 
every taxpayer, including in some states every elector, 
must help support, there are thousands of schools main- 
tained by church organizations and by private individuals. 
Church societies maintain denominational schools because 
they desire to have the children of the congregation given 
both religious and secular instruction. The constitutions 
of most of the states forbid the use of public money for 
the support of any sectarian school, and also provide that 
no church doctrine shall be taught in any of the public 
schools. Nearly all of the smaller colleges are under the 
control of some church society, and the service which they 
have rendered to education has been very great. 

Besides the denominational schools there are many oth- 
ers which are maintained by private enterprise. Under 
this head would come the kindergartens, so numerous in 
the cities, young ladies' seminaries, manual training 
schools, business colleges, and private normals. That 
there is a place for these in our educational system as at 
present administered is evident from the fact that so many 
of them exist and prosper. 

44. Definition of a School. — A school may be defined as 
a number of pupils collected in one body, and under the 
charge of one person, for the purpose of receiving instruc- 
tion. It is the second form of government with which we 
become acquainted. The one who imparts this instruction 

41 



TRAINING FOR CITIZENSHIP 



and exercises this control is called the teacher. Such a 
school may exist independently, or it may be one of the 
units of a system. The term may also properly be applied 
to any number of these units organized under one head. 

45. The School District. — The school district is the area 
set apart for the support and government of the school, 
whether it consists of a single unit or of a collection of 
such units united into one system. In cities, and in those 
states where the township or county system prevails, the 
term has a secondary meaning, and refers to the area 
within which the pupils must attend a particular school 
building. According to the first sense of the term, school 
districts vary in size from a few sections of land to a whole 
county. In the second sense there is less variation. In 
Michigan the country districts may not exceed nine sec- 
tions, and are generally much less. The school officers 
always endeavor to locate a schoolhouse within two miles 
of each child's home ; and in some of the older states, if 
the distance be greater, a method of conveying the pupils 
to and from school is provided. 

46. The School Board. — The governing body of the 
school district, or corporation, is the school board, or 
school committee, as it is sometimes called. It usually 
consists of three or more members called trustees, super- 
visors, or directors, who are elected at an annual meeting, 
and hold their offices for one or more years. This board 
transacts all the business of the corporation, employs the 
teacher, formulates rules for the conduct of the school, 
and performs such other duties as are required or per- 
mitted by the law creating it. 

47. The School Trustee. — There is a distinction to be 

42 



THE SCHOOL AND ITS GOVERNMENT 

drawn between the power of the board as a whole and that 
of a single trustee, who is simply a member of the board. 
The board can act only by passing a resolution at a meet- 
ing where a majority are present; and a trustee can do 
nothing unless he is authorized by such a resolution, or by 
the school laws of the state. A trustee may very properly 
call the attention of the teacher to defects in the manage- 
ment of the school, and this it is his duty to do ; but he 
should not himself attempt to discipline or instruct. In 
most states women as well as men can hold the office of 
trustee. Sometimes the members of the board receive 
pay for their services, but the amount is never large. For 
neglect of duty a trustee can be removed by the proper 
authorities. 

48. Authority of the Teacher. — Like that of the family, 
the form of the school government is monarchical ; but in 
the exercise of his authority the teacher is restrained by 
customs and regulations which he must be careful to obey. 
From the decision of the parent there is no appeal ; but 
from that of the teacher there is. 

In the Middle Ages the schools were conducted wholly 
by the teacher. The pupils were intrusted to them by 
the parents, who delegated their authority, and hence the 
teacher was said to stand in loco parentis. In the char- 
tered schools of England, even to this day, the pupil is in 
the hands of the master, or teacher, whose authority is as 
unlimited as is that of the parent ; but in this country it 
is not so extensive. Our courts will generally sustain a 
teacher even in inflicting corporal punishment ; but they 
will look carefully into the circumstances of each case, and 
insist that the punishment be reasonable. 

43 



TRAINING FOR CITIZENSHIP 



49. School Regulations. — The acquiring of learning is 
not the only object of our public schools. To become 
good citizens, children must be taught self-restraint and 
obedience. They must submit to such reasonable require- 
ments as to be quiet in deportment, studious in their habits, 
and regular and prompt in their attendance. A failure to 
observe any one of these conditions would not be exercis- 
ing their own rights in such a way as not to interfere with 
the rights of others (13). 

50. Examination of Teachers. — One of the most impor- 
tant duties which rests upon the school officers is the 
selection of teachers. A knowledge of the subject to be 
taught is a necessity, and to find out whether a candidate 
for a position in the public schools possesses it, every state 
provides by law for an examination. Sometimes the duty 
of holding this is intrusted to the district board, sometimes 
to township officers, but more frequently to county officers 
(277). A higher grade of certificate is also issued by a 
state board of education, of which the state superin- 
tendent of public instruction (329) is usually a member 
ex officio. In addition, the diplomas granted by state 
normal schools, and in some states certain ones granted by 
the state university, are legal certificates. Those issued 
by the township or county authorities are generally for 
one, two, or three years ; but all others are for life, and 
entitle the owner to teach anywhere in the state. In 
California the state board of education has made up a list 
of colleges and universities, called "accredited schools," 
whose diplomas entitle the holder to teach without passing 
an examination. 

51. Resources. — Formerly the fees paid by the pupils 

44 



THE SCHOOL AND ITS GOVERNMENT 

were the chief reliance of the teacher, but this is now true 
only in the case of private schools. The public schools 
derive their support principally from four sources : taxa- 
tion, the primary school money, the poll tax, and the 
tuition of non-resident pupils. All the states do not levy 
a poll tax for this purpose. As a rule, by far the greater 
part is obtained from direct taxation ; and the school tax 
often forms the largest item in the annual contribution 
which every property owner is called upon to make for 
the support of the government. 

TOPICAL ANALYSIS 



I. 


Quotation from the ordinance of 1887. 


2. 


A common school education a necessity, 


3- 


The tuition school. 


4- 


Public schools in America. 


5- 


Private schools. 


6. 


Definition of a school. 


7- 


The school district. 


8. 


The school board. 


9- 


The school trustee. 


10. 


Authority of the teacher. 


11. 


School regulations. 


12. 


Examination of teachers. 


r 3- 


Resources. 



QUESTIONS AND EXERCISES 

1. How can the home and the school be helpful in the development 
of good citizenship ? 

2. What is the penalty in this state for employing an unlicensed 
teacher ? 

3. Has this state a compulsory school law ? 

45 



TRAINING FOR CITIZENSHIP 



4. Justify the right of the state to levy a tax for the support of high 
schools. 

5. Draw a map of your school district. 

6. Should a school officer serve without pay ? 

7. Write five rules which the pupils should obey ; five that a teacher 
should observe. 

8. What does it cost per capita to send a pupil to this school for one 
year ? 

9. What educational institutions does a national government sup- 
port? 

10. What is the rate of taxation for school purposes in this district ? 



46 



V 

FROM INFANCY TO MANHOOD 



" There are gains for all our losses, 
There are balms for all our pain ; 
But when youth, the dream, departs, 
It takes something from our hearts, 
And it never comes again. 1 ' — R. H. Stoddard. 



52. Infancy. — The Roman law divided the first twenty- 
five years of a person's life into infancy, childhood, and 
youth. Infancy comprised the first seven years, child- 
hood extended from the close of the seventh to the end 
of the fourteenth year, and youth from this period until 
the age of twenty-five. Our laws do not adhere quite so 
strictly to these divisions, but, in a general way, they are 
still observed. With us a person is an infant in the eyes of 
the law until he is twenty-one years old. In some states 
women are of age at eighteen. 

The word "infant " signifies one who cannot talk. Of 
course this means one who cannot talk understandingly. 
At the common law (24) a child under seven years could 
not be convicted of crime, for the reason that one so young 
does not have sufficient understanding to be capable of 
committing a criminal act. 

53. Childhood. — Between the ages of seven and four- 

47 



TRAINING FOR CITIZENSHIP 



teen the law presumes a child incapable of committing 
crime; but this presumption of innocence may be over- 
come by evidence. The question is, whether there was 
guilty knowledge of wrong-doing. The evidence of crim- 
inal capacity would have to be very strong during the 
early years of childhood ; but this strength would gradu- 
ally diminish. During these periods it is not proper that 
children should be subjected either to a severe mental or 
physical strain. It is the duty of teachers to prevent as 
far as possible the former by frequent change of studies, 
by giving frequent periods for relaxation, and by so 
arranging the work that the children may be able to 
prepare their lessons during school hours. The state 
endeavors to protect them from physical harm by for- 
bidding their employment in factories, and by appoint- 
ing inspectors whose duty it is to see that the laws are 
enforced. 

54. Youth. — After we have passed the age of fourteen 
we can ho longer excuse our own misconduct by pleading 
ignorance of the rights of others. As our knowledge 
increases so does our responsibility, and as to all criminal 
charges the youth is treated as an adult. When this 
period has arrived the common school course of study 
should have been completed. The circumstances of his 
parents may be such as to require his services for the 
remainder of his minority, and, if so, they are entitled to 
them. But if practicable, he should take a higher course 
of study, the nature of which will be determined partly by 
his tastes and partly by his situation in life. 

55. Associates. — The child is an imitator. He observes 
the manners of his associates and copies after them. If 

48 



FROM INFANCY TO MANHOOD 

his playmates are gentle, well-behaved boys and girls, he 
will become a cultured, lovable child. If his father, his 
mother, and the neighbors are law-abiding citizens, he will 
become a good citizen unconsciously. If the surround- 
ings have a demoralizing tendency, it is the duty of a good 
citizen to attempt to improve them. The state seeks to do 
this by prohibiting the location of saloons within a certain 
number of blocks of a schoolhouse, and in some places 
none are allowed anywhere. The child, however, does 
not learn by imitation alone ; but must be instructed as 
to his duties to others, and as to what he has a right to 
expect from others, for rights and duties are always recip- 
rocal. 

56. Civil Officers. — As we advance from infancy to 
manhood, we gradually become conscious that our parents 
and teachers are not the only ones to whom we owe obe- 
dience. We learn from observation that even men and 
women cannot at all times do as they like with their 
property, but that they must often yield to the wishes of 
others. The owner of a rented house, for example, must 
give his tenant an opportunity to procure another before 
the law will put him in possession of it. Those persons 
who are designated by law to enforce the regulations which 
society has established between individuals, and between 
the state and an individual (5), are called civil officers. 

57. Other Officials. — Besides the civil officers, whom we 
are all compelled to obey, there are certain others who rule 
us because we choose to let them. Such are the pastor 
and trustees of a church, the officers of a lodge or of a 
literary society. In any of these cases we may withdraw 
from the organization, and thus terminate the relation of 

49 



TRAINING FOR CITIZENSHIP 



ruler and subject. But so long as we remain members, we 
must yield to reasonable requirements, or the civil authori- 
ties will interfere. 

58. Legal Liability of a Minor. — The contracts of a 
minor cannot be enforced against him if he denies his lia- 
bility by reason of his non-age. To this rule there is one 
exception, as his contract for necessaries is good. This is 
but reasonable, for he might suffer severely if he could not 
pledge his credit for food, clothing, medical attendance, 
and even education. The term " necessaries" must not be 
taken in its strict sense ; but must be considered with refer- 
ence to the minor's situation in life. For example, a com- 
mon school education is always considered as necessary ; 
but a collegiate course may or may not be. The law per- 
mits a minor to engage in business, but discourages it by 
rendering it difficult. His commercial contracts are always 
voidable, and the trader who sells him goods does so at his 
peril. The minor may not even bring a suit in his own 
name, but must do so by his next friend. 

59. The Law a Shield. — If one who has attained his 
majority wishes to transact business with a minor, he may 
do so, but it is dangerous. He must perform his part of 
the contract, if the minor shall insist upon it, while the lat- 
ter is entirely free from legal responsibility. A minor may 
act as an agent or servant, and the courts will enforce any 
contract for employment, although the wages must be paid 
to the parent if he insists. The parent, however, may 
emancipate his child, and the latter can then collect his 
own wages. This is commonly called "giving a minor his 
time." But all these laws are intended for a shield, and 
not as a sword. Hence, as in the case of crime, so for any 

5° 



FROM INFANCY TO MANHOOD 

injury done maliciously to the property of another, the 
minor is alone responsible. But if it can be shown that the 
parent was negligent in not exercising the proper control 
over his child, then he must pay the damages. 

60. Self-control. — Among the duties which we owe to 
ourselves and to others is that of self-control. When we 
know it is wrong to commit a certain act, we should refrain 
from it, not because we are in fear of punishment, but 
because we wish to do right. Every one owes it to him- 
self to control his own temper. There is no nobler con- 
quest for any man to make than the conquest of himself. 
No one can, for any length of time, command the respect 
of others who lacks the mastery of himself. 

61. Personal Habits. — Nothing, perhaps, is more potent 
for good or ill than the habits we form in our youth. 
Many a bright future has been clouded, many a life ren- 
dered unhappy, because of ways of thinking or of acting 
which were detrimental or distasteful to others. We should 
be very careful to avoid such habits, and if we have acquired 
any, we should, by the proper exercise of self-control, cor- 
rect them at once. At the head of good mental habits 
stands honesty. By this is meant, not simply the disposi- 
tion to pay our debts, although this is included ; but, in a 
wider sense, it is that quality which enables us to form a 
true estimate of our own worth. This is the strongest pos- 
sible safeguard against self-deception and the flattery of 
others. We should also cultivate neatness in our personal 
appearance, politeness in our demeanor, and correctness in 
our use of language. We should avoid the use of slang, 
and be considerate of the opinions and feelings of our asso- 
ciates. Purity of thought will lead to a pure life, and this 

5i 



TRAINING FOR CITIZENSHIP 



in turn to self-respect, which alone can command the 
approval of our fellow-men. 

" Self-reverence, self-knowledge, self-control, 
These three alone lead life to sovereign power." 

TOPICAL ANALYSIS 

i . Infancy. 

2. Childhood. 

3. Youth and its responsibilities. 

4. The influence of associates. 

5. Civil officers. 

6. Other officials. 

7. Legal liability of a minor. 

8. The law a shield, and not a sword. 

9. Self-control. 

10. Honesty the most important of mental habits. 

QUESTIONS AND EXERCISES 

1. Why is a knowledge of the Roman law important? 

2. What acts in a child of ten would show a capacity to steal? 

3. Self-control brings self-respect. Why? 

4. Why do we always respect one who never speaks ill of another? 

5. How may one break up a bad habit? 

6. Water will not rise higher than its source. Apply this to the 
character of governments. 

7. With what relations does the civil code deal? 

8. Is it safe to deed land to a minor ? 

9. Make a list of habits which will interfere with one's success. 



52 





Part II 


The Township and its Government 


Chapter VI. 


s 

The Congressional Township 


Chapter VII. 


The Civil Township 


Chapter VIII. 


The Civil Township — Executive Department 


Chapter IX. 


The Civil Township — Legislative Department 


Chapter X. 


The Choice of Township Officers 


Chapter XI. 


The Right of Private Property 


Chapter XII. 


Real Property 


Chapter XIII. 


Personal Property 


Chapter XIV. 


Business Enterprises 


Chapter XV. 


Protection of Person and Property 


Chapter XVI. 


The Township Court — Civil Side 


Chapter XVII. 


The Township Court — Criminal Side 


Chapter XVIII. 


A Civil Case in a Justice's Court 



VI 

THE CONGRESSIONAL TOWNSHIP 



" The United States has always been able to offer to the settler an 
unlimited quantity of rich and uncultivated soil, on which he might 
locate, and take such a part as the law allowed, at a cost which made 
it a gift rather than a purchase. This has made us a nation of land- 
owners — a nation in which a marked distinction of classes is im- 
possible, one man being as good as another, and all possessing 
equal rights." — Adapted from Lalor^s Cyclopedia. 



62. Historical. — At the beginning of the Revolutionary 
War, six of the thirteen colonies — Massachusetts, Connecti- 
cut, Virginia, North Carolina, South Carolina, and Georgia 
— claimed that their " from sea to sea charters " gave them 
the lands between the mountains and the Mississippi. 
New York also had bought the title to land in the Ohio 
valley. The remaining colonies had no claim to Western 
lands. Prior to 1781 but six of the original states — New 
Hampshire, Rhode Island, New Jersey, Pennsylvania, Mary- 
land, and Delaware — had exactly denned boundaries. 

63. Cessions to Congress. — Previous to 1784 Massa- 
chusetts, New York, and Virginia had ceded their lands 
to Congress, which thus came into possession of all the 
country from the Lakes to the Ohio, and from the Mis- 
sissippi to Pennsylvania, except the Western Reserve, 
the jurisdiction to which was soon after acquired. This 

55 



TRAINING FOR CITIZENSHIP 



formed the Northwest Territory, from which slavery was 
excluded. Subsequently North Carolina and South Caro- 
lina ceded their lands upon condition that it should be 
slave soil. Finally, in 1802, Georgia ceded her Western 
lands, which were added to the Western Territory. 

64. Disposal of the Public Lands. — By these cessions 
of the original states, and the subsequent additions by pur- 
chase and annexation, the United States has come into 
possession of a vast public domain, which has been of the 
greatest service in the development of the nation. It has 
ever been the policy of the national government so to dis- 
pose of the public lands as to encourage its ownership in 
small quantities by those who would actually cultivate it ; 
to bestow it upon the states with the understanding that 
the proceeds should be held as a trust fund, the interest to 
be used for educational purposes ; or to grant it in aid of 
the construction of railroads which, by providing an easy 
means of communication, would open the country for settle- 
ment. This policy, uniformly followed since the founda- 
tion of the government, has made us a nation of small 
land-owners ; has furnished profitable employment for the 
industrious, and an abundance of cheap food for ourselves 
and to spare; and has rendered easy the spread of the 
free school system, besides being instrumental in establish- 
ing more than forty agricultural colleges in the different 
states and territories of the Union. 

65. Government Survey. — As soon as Congress had 
come into possession of the public lands, immediate steps 
were taken to open them for settlement. In the original 
thirteen states no regular system of survey had been fol- 
lowed; but now the public domain was, by act of Congress, 

56 



THE CONGRESSIONAL TOWNSHIP 

divided into tracts six miles square, called townships, and 
each of these again into thirty-six smaller tracts, called 
sections, and each containing 640 acres as near as may be. 
The townships are named from their number in the range, 
as Town 14 North of Range 3 East. A ''range" is a 
tier, or row, of townships lying between meridian lines. 

66. The Congressional Township. — The congressional 
township is simply a tract of land six miles square, accord- 
ing to government survey. Its purpose is to form a con- 
venient method of describing land. Its boundaries and 
divisions, as fixed by the government, cannot be altered 
by any state legislature. It has no political powers what- 
ever. In all the states formed out of the public domain 
the civil townships, as a rule, correspond exactly in size 
and in boundaries with the congressional townships; but 
this is not always the case. 

67. Prime Meridian and Base Line. — The surveyors 
first establish a prime meridian running due north and 
south, and a base line running due east and west. This 
is done astronomically. These two lines form the bases 
of all subsequent subdivisions into townships, sections, and 
half-sections. The half-mile, mile, and six-mile corners are 
permanently marked on these lines. 

68. The Townships. — From the six-mile corners other 
meridians are established, and the half-mile, mile, and six- 
mile corners permanently marked. The six-mile corners 
on this meridian are connected with the six-mile corners 
on the prime meridian line, and the half-mile and mile 
corners permanently marked. Owing to the conver- 
gence of meridians, this last line is less than six miles 
in length. 

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TRAINING FOR CITIZENSHIP 



69. Convergence of Meridians. — If the earth were per- 
fectly flat, all measurements east and west could be taken 
from the prime meridian, and the townships would all be 
of the same size. Owing, however, to the spherical form 
of the earth, the meridians constantly converge as we 
approach the north, and diverge as we go south until we 
reach the equator. If, now, no new north and south lines 
were established, the townships would constantly diminish 
in size, until they would disappear. To avoid this a guide 
meridian is established, and by its use the error is cor- 
rected. All surveys are made toward the north. 

70. Correction Lines. — In consequence, also, of this 
convergence, if corrections were not made frequently, the 
size of the townships would decrease toward the north 
until between those widely separated the difference would 
be very great. To avoid this, every twenty-four miles 
north, and every thirty miles south of the base line, 
parallels are drawn, which are called correction lines. 
By means of the guide meridians and correction lines the 
congressional townships are kept uniform in size. 

71. Sections. — If now we connect the opposite mile 
corners, each township will be divided into thirty-six parts, 
called sections. If we connect the opposite half-mile 
corners, we shall divide each section into quarters. The 
out-boundaries of the sections are required to be surveyed ; 
but the minor divisions are designated by imaginary lines. 
The sections are numbered from 1 to 36, beginning with 
the upper right-hand corner. Each section is supposed, 
by law, to contain 640 acres ; but, as a matter of fact, they 
are not all of the same size. All excesses or deficiencies, 
owing to convergence of meridians or error in chaining, 

58 



THE CONGRESSIONAL TOWNSHIP 

are thrown into the north and west tiers of sections and 
half-sections. 

72. Descriptions. — The location of even a part of a 
section in the government survey is very simple. You 
have only to locate your purchase on a survey map, and, 
as some boundary marks are always placed at the intersec- 
tion of the divisional lines, your lot can readily be found. 
In the original thirteen states the descriptions are not so 
easily traced, for the boundaries are often obscure, the 
deed calling for " an oak tree " or " a certain pile of 
stones/' as a starting-point in the survey. As the public 
roads in the new states are, for the most part, laid out on 
sectional lines, it is not at all difficult to find your way 
through the country. 

73. Acquiring Lands. — Title to lands owned by the 
United States is acquired by gift and by sale. Never in 
the history of the world has any government given away, 
or sold at a very low price, such vast quantities of land as 
has ours. For educational purposes the states have re- 
ceived 100 millions of acres; and for internal improve- 
ments, 162 millions. Railroad corporations have received 
over 150 millions, and other millions have been given to 
our soldiers and sailors, on their honorable discharge, for 
their services to the government. Private individuals not 
soldiers or sailors have obtained government lands under 
three separate acts of Congress : — 

1 . Under the Homestead Laws. — Any citizen over 
twenty-one years of age, and who is not the proprietor 
of 160 acres of land in any state or territory, has the right 
to locate upon 160 acres of the unsold land of the United 
States. He must enter the land in the proper land office, 

59 



TRAINING FOR CITIZENSHIP 



and live upon it continuously for five years. All he has to 
pay is the charge of the land office, which is very reason- 
able. " The homestead act stands as the concentrated 
wisdom of legislation for the settlement of the public 
land." 

2. Under the Preemption Laws. — Any citizen over 
twenty-one years of age, who does not already own 320 
acres of land in any state or territory, may settle upon not 
to exceed 160 acres of the unoccupied land belonging to 
the United States. He must build a house upon the land, 
live upon and improve it for one year. Upon making the 
proper proofs, he may then purchase the land at $2.50 per 
acre if within the limits granted to railroads, and at $1.25 
per acre if outside such grants. 

3. Under the Timber Culture Act. — This act gives to 
any one the right to 160 acres of the $1.25 land if he will 
plant 10 acres of timber, or 80 acres of the $2.50 land if he 
will plant 5 acres of timber. 

TOPICAL ANALYSIS 

1 . Effect of cheap lands upon our national character. 

2. Land claims of the thirteen colonies. 

3. Cessions to Congress. 

4. Land policy of the United States. 

5. The government survey. 

6. The congressional township. 

7. Standard parallel meridians. 

8. Townshiping and subdividing. 

9. Convergence of meridians. 
10. Correction lines. 

it. Sections. 
12. Descriptions of lands. 
60 



THE CONGRESSIONAL TOWNSHIP 

13. Title to land owned by the United States acquired : — 

(1) Under the homestead laws. 

(2) Under the preemption laws. 

(3) Under the timber culture act. 

QUESTIONS AND EXERCISES 

1. Make a diagram showing the N. W. \ of the N. W. \ of section 1. 

2. Divide the S. W. \ of the S. W. \ of section 1 into 10-acre strips 
and describe one of them. 

3. Would you prefer to have the N. W. \ of the N. W. \ of section 6, 
or the N. E. \ of the N. E. 1 of section 1? Why? 

4. A road is laid out north and south through the county between the 
first and second tiers of sections. Is it a straight line? 

5. Is there a government land office in this state? 

6. Copy a description of land from a deed, and locate the property. 

7. In what congressional township do you live? 

8. Was it good policy for the government to give so much land to the 
railroads? 

9. Of what benefit have the agricultural colleges been to the country? 
10. In what state is the Western Reserve located? 



61 



VII 

THE CIVIL TOWNSHIP 



" The townships in New England are the vital principle of their 
government, and have proved themselves the wisest invention ever 
devised by the wit of man for the perfect exercise of self-government 
and for its preservation. 11 — Thomas Jefferson. 



74. Historical. — The civil township had its origin among 
the ancient Germans. Originally the inhabitants of a par- 
ticular district, or Mark, were united by blood-relationship, 
held property in common (37), governed themselves by 
primary assembly of all the free inhabitants, and thus 
formed a semi-independent community. The Saxon con- 
querors of England carried their idea of self-government 
from their homes upon the banks of the Elbe and Weser, 
and the Mark of Germany became the township of the 
English political system. 

75. The New England Town. — The settlers of New 
England transferred the English township to America, 
and each settlement was organized after that model. At 
its centre was a group of dwellings, often surrounded by a 
fence or wall ; but there was also included a rural area of 
several square miles. The town covered the whole of this 
area, which was never too large for all of the inhabitants 
to come together at the central place. Curiously enough, 
the Greek settlement was organized upon a similar plan. 

62 



THE CIVIL TOWNSHIP 



76. A Political Division. — When we speak of any polit- 
ical division, as a school district, a township, or a state, we 
may have either of two things in mind. We may think of 
its location, its extent, and its boundaries, or of the body of 
people who occupy the territory. A complete definition 
must contain both of these ideas. 

A township is a political division of a state, organized 
for certain local and political purposes, the inhabitants 
being constituted a body corporate. A corporation, or 
body corporate, is a fictitious person, consisting of several 
individuals associated together by law for a particular pur- 
pose. When this purpose is that of local self-government, 
it is called a municipal corporation. 

77. A Political Unit. — We must become thoroughly ac- 
quainted with the organization of the civil township, for in 
New England, and in many of the Middle and Western 
states, it is the unit of the political system. Even in those 
states where the county is the political unit, one of the 
divisions of the county has some of the features of the 
township government. A village is a division of a town- 
ship ; a city is a township having special privileges under 
a charter ; a county is a group of townships ; and a state 
is a group of counties. As in our study we shall ascend 
the scale, we should bear in mind that the aim is to leave 
the local government with the smaller divisions, and to 
intrust to the larger only those general powers the exercise 
of which requires a greater extent of territory and a more 
numerous population (302, 404). 

78. The Birth of a Township. — A civil township is a 
corporation (76), and, like a natural person, it must have 
a birth. It can only come into life through a general or a 

63 



TRAINING FOR CITIZENSHIP 



special act of the legislature, and the constitutions of some 
states do not permit its incorporation by the latter method. 
The act always contains the framework of the new organi- 
zation, at the same time giving directions how to proceed. 
When these conditions have been complied with, a new 
township is born. It is usually necessary that a court, or 
a board of supervisors, should give its assent to the forma- 
tion of a township. 

79. Twofold Purpose. — The purpose of the Southern 
parish was religious ; that of a New England town, both 
civil and religious ; that of the Western judicial township, 
wholly civil. As a civil organization, the town elected its 
officers, provided for the care of the poor, the restraint of 
the vicious, the carrying on of public improvements, and the 
protection of the health of the community. As a religious 
organization, it chose its own ministers and church officers, 
regulated the affairs of the church, and provided for the 
discipline of its members and the education of its children. 

80. A Pure Democracy. — Isolated as were the early set- 
tlements of New England, and widely removed from the 
oversight of the mother country, the towns became " minia- 
ture commonwealths," and exercised their authority "on 
thoroughly democratic principles." Once during the year, 
and sometimes oftener, the form of the township govern- 
ment was that of a pure democracy (20). This was at the 
annual or special meeting, when every voter could not only 
cast his own ballot as he saw fit, but could take part in 
discussing measures which were offered for adoption. 

81. The Town Meeting. — The influence of the annual, 
or " town meeting " as it was called, was very great. As a 
means for acquiring information it was to those early set- 

64 



THE CIVIL TOWNSHIP 



tiers what the newspaper is to us. Here it was that the 
voters engaged in spirited debate over the domestic affairs 
of the community ; here they listened to and were influ- 
enced by their ablest men upon matters of general interest 
to the whole colony ; and here were developed that spirit 
of independence and that familiarity with the methods of 
self-government upon which has been reared the enduring 
structure of our national life. 

82. The Judicial Township. — If you will strip the New 
England township of all its powers except the judicial, you 
will have left the judicial township of California, or the 
justice's precinct of Arizona. These are the extremes, the 
system in many of the states being a compromise between 
the two. In California the county has three divisions : the 
road district, the election precinct, and the judicial town- 
ship. The boundaries of each of these divisions are fixed 
by a board of supervisors, consisting of five members, 
elected from the whole county. The judicial township is 
the more stable of the three divisions, its officers being 
the justice of the peace and the constable, who are elected 
by the voters in the township. In Georgia there are over 
twelve hundred justices' districts, which, however, are 
called " militia districts," in each of which there must be 
at least one hundred voters capable of bearing arms. 
These remind us of the English division of the county 
into hundreds. In Delaware the term " hundred " is still 
preserved. 

83. Township and County Units. — In comparing the 
township and county systems of local government, the 
former would appear to be superior as a school for politi- 
cal training ; the latter as a business organization because, 

65 



TRAINING FOR CITIZENSHIP 



for one reason, it employs fewer agents. The one is 
based upon the principles of home-rule ; the other is mo- 
narchical in its tendency. The first distributes the local 
offices among the greater number, and fixes the attention 
upon the township ; the second, by transferring the local 
business to the county, arouses a greater interest in county 
and state affairs. In those states where the township 
system prevails, the annual town meeting, generally held 
on the first Monday in April, calls out a much larger vote 
than do the county and state elections, which are held in 
the fall. Under the county system the interest is focussed 
on the fall election ; for the officers to be chosen belong 
both to the county and to the locality. Even the justice 
of the peace and the constable, although elected by the 
voters in a single judicial township, are in a certain sense 
county officers. As a school for patriotism, the county 
system is hardly inferior to that of the township ; for the 
history of the Spanish-American War shows that, in this 
respect, there is little difference between the citizens of 
the different states. We are all patriots. 

TOPICAL ANALYSIS 

i. Jefferson's estimate. 

2. The German and the English unit of government. 

3. The New England township. 

4. Definitions : political division ; township ; corporation. 

5. Incorporation of a township. 

6. A civil and a religious organization. 

7. A pure democracy. 

8. Influence exerted by the town meeting. 

9. The judicial township. 

10. Township and county units compared. 

66 



THE CIVIL TOWNSHIP 



QUESTIONS AND EXERCISES 

i. What church organization settled New England ? 

2. How does the township in which you live compare in size with a 
congressional township ? 

3. What is meant by " democratic principles " ? 

4. New England has been described as a system of " village repub- 
lics." Why ? 

5. What qualities of good citizenship did the town meeting develop? 

6. Give another reason why the county system is the better business 
organization. 

7. What objection is there to incorporation by a special act ? 

8. Connect Samuel Adams with a town meeting held in Boston. 

9. What is a trading corporation ? 

10. From one of your township officers learn how to call and organize 
a special town meeting. Hold such a meeting, and discuss the following 
question : — 

" Resolved that this township should have a public library." 

11. For the discussion of public questions in cities what takes the 
place of the town meeting ? 



67 



VIII 

CIVIL TOWNSHIP — EXECUTIVE DEPARTMENT 



84. Powers and Duties Classified. — In the two kinds of 
government we have already considered, the parent or the 
teacher was at one and the same time lawgiver, judge, and 
executive. The union of these distinct powers and duties 
in the hands of one person is feasible where only a few 
individuals are concerned, and the objects to be attained 
are easy of accomplishment. But when the people become 
more numerous, and are distributed over a wide extent of 
territory, the task becomes more difficult. It will now be 
found convenient to classify the powers and duties of those 
in authority into the three departments, — executive, legis- 
lative, and judicial (21). 

85. The Elective Franchise. — In a free country the 
right to choose public officers always rests with the people. 
This is called the elective franchise, or right of suffrage, 
and those who are entitled to exercise it are called electors, 
or voters. The elective franchise is not an absolute right 
(4), but is conferred by the law of the state, and no state 
confers it upon all the inhabitants, or even upon all the 
citizens. The right of suffrage has been restricted by sex, 
education, property qualifications, and color. It may be 
lost by conviction of a felony, removal from the township 
or state, loss of reason, or change in the law. An elector 

68 



CIVIL TOWNSHIP— EXECUTIVE DEPARTMENT 

must have resided in the state and township or ward 
for a certain length of time before he can vote. He must 
also be a citizen of the United States, or have declared his 
intention to become one. 

86. The Township Charter. — The township officers must 
look for their authority to the general or special act of 
incorporation (78), to the statutes which the legislature has 
passed for their guidance, and to the decisions of the 
courts which have interpreted these statutes. The act of 
incorporation, and the statutes as thus interpreted, form 
the charter, or constitution (23), of the township, and the 
power of every officer is strictly limited by it. 

87. Distribution of Powers. — An examination of these 
charters, in different states where the township system 
prevails, will show that they agree in the following par- 
ticulars : — 

1. The executive duties are distributed among several 
different officers, who are elected at the annual meeting. 

2. There always exists a legislative department under 
the title of board of trustees, of selectmen, of chosen free- 
holders or township board. 

3. The judicial interests are confided to officers called 
justices of the peace, who have a limited jurisdiction in 
civil and criminal matters. The ministerial officers of the 
justice's courts are called constables, or marshals. 

88. Township Officers. — The instruments by which the 
township accomplishes the purposes for which it was 
organized (79) are the township officers. They are chosen 
by the electors at the annual meeting, and hold their offices 
for terms of various lengths as provided by the laws of the 
particular state in which the township is situated. The 

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TRAINING FOR CITIZENSHIP 



powers and duties of public officers are carefully denned 
by law, and a penalty (26) can be inflicted upon any one 
who fails to discharge it. 

89. Chief Executive. — Sometimes the general manage- 
ment of town affairs is put in the hands of three, five, 
seven, or nine citizens called selectmen ; but as a rule there 
is one officer who is charged with that responsibility. No 
matter what title this officer may bear, he is the chief 
executive of the township ; represents it in the county 
legislature ; appears in any suit that may be brought by or 
against his township ; and ordinarily acts as chairman of 
the annual meeting of the town board, and sometimes of 
the other boards. In some states he also assesses the 
taxes and looks after the poor. 

90. Township Clerk. — There is also a township clerk 
who has charge of the records. He is clerk ex officio of 
the annual meeting, and of all the township boards of 
whatever nature. He receives and keeps on file chattel 
mortgages (145), keeps an account with the township and 
county treasurers, and makes out and transmits to the 
proper authorities all the election notices. The records 
and files of the clerk's office may be freely examined by 
any one who is able to give a good reason for so doing. 

91. Treasurer. — The treasurer has charge of the funds, 
receives whatever is due from the county or from any 
other source, and pays out the money upon properly 
drawn warrants. He also renders an account at the close 
of the year to the township board. In some states he 
collects the taxes, always gives a bond to secure the town- 
ship against loss, and as a rule can hold his office for not 
more than two terms in succession. 

70 



CIVIL TOWNSHIP — EXECUTIVE DEPARTMENT 

92. Highway Commissioner. — The highway commis- 
sioner has general charge of all the roads and bridges in 
the county. He divides the township into road districts, 
lays out new highways, and orders repairs upon the old 
roads when he deems it necessary. The overseers of 
highways work under his supervision, and it is his duty 
to bring suit against them for neglect when occasion 
demands. All bridges are constructed and repaired under 
his direction. 

93. Other Officers. — In addition to the officers already 
mentioned, there are often pound masters, fence viewers, 
a health officer who must, if possible, be a competent phy- 
sician, and such others as may be required from time to 
time by the peculiar situation of the community. It will 
be seen that a large number of the citizens of a township 
are actively interested in the management of its affairs. 
In the course of several years it will often happen that 
nearly every citizen of the township who is sufficiently 
capable will have held some office. No better method has 
yet been devised for inducing men to think than to require 
them to bear responsibility. The holding of even an hum- 
ble office involves a responsibility which, though small to 
the more experienced, is large to the unskilled. Such 
men usually take pride in conducting their offices well, 
their ambition is aroused, and the knowledge they will 
have gained from serving one or more terms will make 
them competent critics of their successors. Thus the 
township system is a most excellent training school for the 
education of the citizens. 

94. The County System. — Under the county system 
the executive duties above mentioned are performed by 

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TRAINING FOR CITIZENSHIP 



county officers (82). In California each road district has 
one of its supervisors as highway commissioner, and his 
deputies correspond to the township overseer. The 
county assessor, aided by his deputies, assesses the taxes, 
and the county treasurer collects them. A county officer 
looks after the health of the whole county, and an inspector 
of charities takes care of the poor. 

TOPICAL ANALYSIS 

i. Reasons for threefold division of the township government. 

2. Right of suffrage ; limitations of that right. 

3. The township charter. 

4. Threefold distribution of powers. 

5. Township officers. 

6. Duties of the chief executive. 

7. The town clerk ; the treasurer ; the highway commissioner. 

8. Other officers ; benefits of office-holding. 

9. Discharge of similar duties under the county system. 

QUESTIONS AND EXERCISES 

1. Why ought the term of the treasurer to be limited to two terms 
in succession ? 

2. Under what circumstances would the office of " fence viewer " 
be necessary? 

3. Should the right of suffrage be restricted by sex? 

4. What objection is there to incorporation by special act? 

5. Which is the better plan, one supervisor or three selectmen for 
chief executive ? 

6. Draft a special notice for a town meeting to vote upon the 
question of purchasing a site for a town-hall. 

7. Organize this special meeting and discuss the advisability of 
the movement. 

8. By what officers must a warrant on the treasurer be signed? 
g. How does the clerk act as a check upon the treasurer? 

10. How can a township officer be removed in this state? 

72 



IX 

CIVIL TOWNSHIP— LEGISLATIVE POWERS 



95. Vesting of Legislative Powers. — Except for the 
brief period when the annual meeting is in session, the 
legislative powers of the township are vested in its boards. 
Sometimes all this power is intrusted to one board, and 
sometimes to several, which hold the relation of principal 
and subordinate. Where there are no subordinates, the 
business is largely transacted through committees. The 
resolutions of the chief board, when authorized by the 
charter, regularly passed, and properly recorded, have 
within the township the full force and effect of laws. 
They are sometimes called " by-laws," the word "by" 
meaning town. 

96. Township Board. — As a legislative body the princi- 
pal board can authorize the levying of a sufficient tax to 
defray the running expenses of the township, in case the 
electors fail to do so at the annual meeting ; grant a fran- 
chise to a street railway company ; establish a quarantine ; 
divide the township into election districts ; make the nec- 
essary rules and regulations for the guidance of the com- 
missioner of highways ; authorize the letting of contracts 
and the purchase of property for township purposes, and 
perform such other legislative acts as are permitted by 
the charter. 

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TRAINING FOR CITIZENSHIP 



97. Judicial Powers of the Board. — Besides its strictly 
legislative duties, the principal board has certain judicial 
powers. As a court of impeachment it can try and re- 
move township and school district officers who are guilty 
of neglect of duty or of malfeasance in office ; audit the 
accounts of those who receive or pay out any of the public 
money ; accept, reject, or require new bonds of the 
treasurer and other officers ; and confirm or reverse the 
decisions of the highway commissioner, and of the sub- 
ordinate boards upon appeal. 

98. Board of Registration. — In order that no one may 
vote at the township meeting, or at any election, unless he 
be qualified, the laws provide for a registry of all the 
voters. It is the duty of this board of registration, just 
before an election, to give every elector an opportunity to 
have his name recorded in a book kept at the office of the 
township clerk. In case any one offers to register whose 
right to do so is doubtful, the board may require him to 
make oath as to his qualifications. 

99. Board of Election Inspectors. — This board has gen- 
eral charge of the elections, receives the ballots, counts 
them, and declares what officers are legally elected. The 
township board, assisted by one or more clerks, usually 
acts as a board of election inspectors ; but if any of its 
members is a candidate for office, he is thereby disquali- 
fied, and some one else is selected in his place, at the 
opening of the polls. 

100. Board of Health. — It is the duty of this board to 
devise measures for the protection of the health of the 
inhabitants of the township. It makes regulations to pre- 
vent the spread of contagion, respecting burial grounds, 

74 



CIVIL TOWNSHIP — LEGISLATIVE POWERS 

and for the abatement of nuisances. It appoints the 
health officer, who must usually be a reputable physician, 
if one can be obtained in the township; audits his accounts 
both for professional services and for necessaries furnished 
the sick ; and gives public notice to travellers of infected 
places. 

ioi. Board of Review. — One of the most important 
duties which any officer has to perform is to assess the 
taxes. It is the duty of the assessor (89) to estimate the 
value of each man's property, and he should be careful 
to treat all alike. In order that no injustice may be 
done, a board of review is established, before which, on 
certain days, any taxpayer who feels himself aggrieved 
may appear ; and if too great a valuation has been placed 
upon his property by the assessor, it will be reduced by 
the board. 

102. Board of School Inspectors. — The school district 
may be a subdivision of a township, in which case there 
is a board of school inspectors ; or it may include the 
whole township, and, if so, the school board usually acts 
in that capacity. The schools are for the most part in- 
dependent of the township government, but the latter 
exercises some control in matters which do not pertain 
directly to instruction. This board has power to se- 
lect school sites, to appoint district officers to fill the 
vacancies when the local board fails to do so, and must 
make such reports to the county superintendent, to the 
state superintendent, and to the township board as are 
required by law. This board also has power to divide 
the townships into districts of suitable size, and to alter 
their boundaries as occasion demands. If any one feels 

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TRAINING FOR CITIZENSHIP 



aggrieved at the decision of the board of school inspectors, 
he may appeal to the township board. 

103. Under the County System. — In those states where 
the county system prevails, the legislative and judicial 
duties performed by the township boards are performed 
by the board of supervisors and by county officials. The 
former acts as a board of review, appoints the election in- 
spectors for the various precincts, canvasses the returns 
made by the election inspectors, whose duty it is to 
receive and count the votes, and issues certificates of 
election to the successful candidates. The county clerk 
keeps a " great register," in which must be recorded 
the names of all who are allowed to vote in the county ; 
the county school superintendent takes the place of the 
board of school inspectors, and the county health officer 
performs the duties of the board of health. 

TOPICAL ANALYSIS 

i c Vesting of legislative powers. 

2. Legislative powers of the township board. 

3. Judicial powers of the township board. 

4. The registration of voters. 

5. Inspectors of election. 

6. The board of health. 

7. The equalizing of assessments. 

8. The board of school inspectors. 

9. Treatment of similar subjects under the county system. 

QUESTIONS AND EXERCISES 

1. How may a school trustee be removed from office for neglect of 
duty? 

2. Frame a resolution to prevent cattle from running at large, and 
enact it into a by-law, 

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CIVIL TOWNSHIP — LEGISLATIVE POWERS 

3. Organize a town board, prefer charges, and try a school trustee. 

4. Upon what principle does the township pay for the care of the 
poor? 

5. At what proportion of its true value is the property of this town- 
ship assessed ? 

6. Would there be any injustice in assessing property at its full 
value ? 

7. Upon what principle may an owner be forced to sell the ground 
for a school site ? 

8. Why does the town board sometimes remit the taxes of a poor 
widow ? 

9. State a case in which a county superintendent of schools would 
act judicially. 

10. Frame a resolution of a board of health declaring a quarantine. 



77 



X 

THE CHOICE OF TOWNSHIP OFFICERS 



ELECTION DAY 

"Who serves to-day upon the list 

Beside the served shall stand ; 
Alike the brown and wrinkled wrist, 

The gloved and dainty hand. 
The rich is level with the poor, 

The weak is strong to-day, 
The sleekest broadcloth counts no more 

Than homespun frock of gray." — Whittier. 



104. Candidates. — As the business of the township is 
carried on by officers chosen by the electors, it is neces- 
sary that some way be provided for their selection. Un- 
doubtedly only the ones best qualified to discharge the 
duties of the offices to be filled should be chosen ; but 
it often happens that there are several who are well 
qualified, and a preference must be expressed. A few 
days before the election a number of the voters come 
together and make up a list containing a candidate for 
each office. Such a meeting is called a " caucus," and may 
be summoned by any one (257). Usually there are at 
least two caucuses, corresponding to the two great politi- 
cal parties ; but often politics has nothing to do with the 
township election. The lists made out at the caucuses 

78 



THE CHOICE OF TOWNSHIP OFFICERS 

are printed upon one sheet, and placed in the hands of 
the election inspectors. 

105. Preparation for Voting. — Generally on the Satur- 
day before the day of election the board of registration 
(98) holds a meeting at the town hall, where every one 
who wishes to vote must cause his name to be entered 
upon the poll book. If the board should so require, the 
applicant must make oath as to his qualifications. On 
election day the registry is placed in the hands of the 
board of election inspectors, and no one is allowed to vote 
whose name is not found upon the roll, unless he will say 
under oath that he was prevented from having it entered 
by some unavoidable cause. A new registration of all the 
voters must be made at regular intervals. 

106. The Polls. — The place where the election is held 
is called the " polls," from an old German word meaning a 
head. On the morning of the election the board of elec- 
tion inspectors take their seats at a table within a railing, 
the clerk produces the ballots and the registry, and at the 
appointed hour an officer declares " that the polls of this 
election are now open." The polls having once been 
opened, are kept open for the reception of ballots as long 
as the law requires, when they are declared to be duly 
closed. An adjournment for one hour at noon is some- 
times permitted. 

107. Method of Voting. — Methods of voting vary in 
different states. The Australian ballot system now gener- 
ally used is somewhat as follows : When an elector wishes to 
vote he enters within the railing, and a poll list is examined 
to see if his name is upon it. If it be found, he is handed 
a ballot by one of the election inspectors. All of the 

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TRAINING FOR CITIZENSHIP 



ballots have previously been counted, and each one con- 
tains the initials of an inspector, who must account for all 
of the ballots when the polls are closed. If the elector 
does not read the English language, an inspector will assist 
him ; and if he cannot speak English, an interpreter will 
be provided. 

108. Preparing the Ballot. — The elector now steps 
within a booth, where he finds a pencil, with which he puts 
a mark in a circular space at the head of the list he wishes 
to vote. If he desires to vote against a particular candi- 
date in the list, he simply crosses off his name ; but if he 
wishes at the same time to vote for the opposing candidate, 
he puts a cross in a space opposite that name. He now 
leaves the booth and hands his ballot to another inspector, 
who deposits it in the ballot-box. His name is now entered 
upon two rolls prepared for that purpose, and he passes 
without the railing. 

109. Challenges. — In order to prevent fraudulent voting 
and thus preserve the purity of the election, challengers 
are appointed whose duty it is to object to the casting of 
a ballot by any person whose right to do so is open to a 
reasonable suspicion. When any one is thus challenged 
one of the inspectors reads to him the qualifications of an 
elector, and he is required to declare upon oath that he 
possesses all of them. He is then allowed to deposit his 
ballot ; but if he should swear falsely, he may be punished 
for perjury (167). 

no. The Canvass. — Immediately upon the closing of 
the polls the board of election inspectors becomes a board 
of canvassers, and at once proceeds to count the votes for 
each candidate. This is done publicly, and when the 

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THE CHOICE OF TOWNSHIP OFFICERS 

result of the balloting has been ascertained it is declared 
publicly by some member of the board, after which it is 
entered by the clerk in the records of the township. The 
ballots and the poll lists are then deposited in the ballot- 
box, which is locked and sealed, and so remains until the 
next election. 

in. Majority and Plurality. — It not unfrequently hap- 
pens that a candidate is elected to an office, although he 
does not receive a majority of all the votes cast. This 
may always happen where there are more than two can- 
didates for the same office. A majority is where the 
candidate receives more votes than all his competitors ; a 
plurality is where he receives more votes than any one of 
his competitors, but less than a majority. 

112. Qualifying as an Officer. — When a person has been 
duly elected to an office, and has been properly notified of 
that fact, he must file his acceptance with the clerk. When 
he does this he must also subscribe to an oath that he 
will support the Constitution of the United States, the 
constitution of his own state, and faithfully perform the 
duties of the particular office to which he has been elected. 
He must also, when the law requires it, file with the clerk 
a bond with good and sufficient sureties, who will agree to 
indemnify the township against any loss that may occur by 
reason of any neglect or wrong-doing on the part of the 
officer. 

113. Assuming the Office. — After taking the oath of 
office and the filing of his acceptance and bond, often a 
few days, and sometimes several months, intervene before 
the officer is entitled to take possession of the office. 
Until this event actually happens he is called an " officer 

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TRAINING FOR CITIZENSHIP 



elect." When, however, the time does arrive, the officer 
in possession must turn over all the records and whatever 
else belongs to the township to his successor, who is now 
responsible for its safe keeping. 

TOPICAL ANALYSIS 

i. Selecting the candidates ; the caucus. 

2. Enrolling the voters. 

3. The opening of the polls. 

4. Obtaining a ballot. 

5. Preparing a ballot. 

6. Challenges. 

7. The board of canvassers. 

8. Majority and plurality. 

9. Qualifying as an officer. 
10. Assuming the office. 

QUESTIONS AND EXERCISES 

1. Take your class to the polls for an observation lesson. 

2. What is an instruction ballot ? 

3. If the voter spoils the ballot given him by the inspector, can 
he obtain another ? 

4. What is a "distinguishing mark"? 

5. What is the difference between " a straight," "a split," and 
"a mixed" ticket? 

6. Can a person run for an office to which he has not been 
nominated ? 

7. How may one lose his vote when there are two offices of the 
same kind on each ticket? 

8. What is the origin of the word "caucus"? 

g. Should politics have anything to do with local elections ? 
10. Under the county unit system is it always feasible for the 
board of election inspectors to declare the result in the judicial town- 
ship? 



82 



XI 

PRIVATE PROPERTY 



114. Nature of Private Property. — Private property 
includes not only what a man has produced by his own 
labor, but also what he has obtained by fair means from 
any other source, as by purchase, by gift, or by inheritance. 
Some would include intellectual acquirements, others would 
not. One may acquire property by employing the labor 
of others, provided he has capital. This term will include 
horses, money, machinery, the books of the professional 
-man, or anything else which may be used as an instrument 
of production. Capital is always the product of past labor 
saved. 

The right of private property is founded in nature. 
Originally the thing produced belonged to the producer ; 
and the idea of labor expended upon its production under- 
lies, directly or indirectly, the property rights to anything. 
A man naturally has the right to own, control, and dispose 
of the fruits of his own labor. By " fruits of labor " is 
meant the comforts and conveniences of civilized life. 

115. Definition of Labor. — Labor has been denned as 
the " voluntary effort put forth by man to secure the ob- 
jects of desire, which is another way of saying " the com- 
forts and conveniences of civilized life." Labor of some 
kind, mental, physical, or either is a necessity, and every 

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TRAINING FOR CITIZENSHIP 



man has the right to be protected in performing it (12:2). 
The food which sustains us, the clothes we wear, the 
books we read, are each the products of labor. 

116. Division of Labor. — We are not all born with the 
same tastes, nor with the same capacity for labor. One 
man cannot endure the close confinement of the store or 
of the office, but delights in the open air and in the phys- 
ical effort required upon the farm or in the workshop. 
This is fortunate ; for, as the world needs the product of 
all kinds of labor, we can each indulge our tastes to a cer- 
tain extent, and yet at the same time earn a living. 

117. Exchange. — A person would enjoy few of the "com- 
forts and conveniences of civilized life "if he could not 
trade off the articles which he produces for something which 
another man has. This is called exchange. When the 
exchange is direct, as wheat for shoes, it is termed barter. 
When wheat is given for money, it is a sale. The laws of 
the country aim to make exchanges as simple as possible, 
consistently with safety. This is for the encouragement 
of trade. 

118. Commerce. — When the exchange of goods for goods, 
or goods for money, takes place between individuals resid- 
ing in different states or countries, we have commerce. 
Goods sent out of a country are termed exports; those 
brought in from a foreign country are termed imports. 
A duty is a tax levied upon imports. A tariff is a list of 
dutiable goods, specifying the amount to be collected upon 
each. The revenue of the national government is largely 
derived from duties upon imports. 

119. Money. — In a sparsely settled country, where the 
wants are few, much of the business of exchange is carried 

84 



PRIVATE PROPERTY 



on by barter; but where the population is more dense, this 
is impossible. Every purchase and sale implies the use of 
money, which is called the medium of exchange. Any- 
thing can be used as money. The North American Indians 
employed wampum and beaver skins; the early colonists 
of Massachusetts Bay once made Indian corn a legal tender ; 
and the settlers of Virginia expressed their measures of 
value in pounds of tobacco. Gold and silver are best 
adapted for money metals, and their use for this purpose 
is universal. They are desirable for personal ornaments; 
are the most imperishable of substances ; are portable, and 
contain great value in small bulk; are easily divisible with- 
out loss ; and their degree of purity may be ascertained 
and certified to by the public authorities. 

120. The Coinage. — In order that even gold or silver 
may pass freely as money, the coins made from it must be 
a legal tender, i.e. every one must be compelled by law to 
accept the coins in payment of a debt. The right to coin 
money and to make it a legal tender belongs exclusively to 
the national government. The silver dollar and all the gold 
coins, if they are of full weight, are a legal tender to any 
amount : the fractional silver coins, up to ten dollars ; pen- 
nies and nickels, in sums not exceeding twenty-five cents. 
For the coinage of this money the United States govern- 
ment has established four mints, the oldest being at Phila- 
delphia. Any one may take gold to the mint and have it 
coined into money by paying for the alloy ; but this is not 
true of the other metals. All of the gold and silver coins 
consist of ninety per cent pure metal and ten per cent 
alloy. The gold dollar contains 25.8 grains of standard 
gold; and the silver dollar 412.8 standard silver. The 

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coinage began in 1795, and the silver dollar was made the 
unit; but in 1873 silver was demonetized and now the gold 
dollar is the sole standard. 

121. Paper Money. — In all business transactions requir- 
ing the use of ready money, where the amount involved is 
less than five dollars, silver is preferred to gold; but in 
larger transactions the reverse is true. For the payment of 
sums of even a few hundred dollars gold coins are also too 
heavy for convenience, and to obviate this difficulty paper 
money has been invented. Five kinds of paper money 
are issued by authority of our government, — greenbacks, 
national bank notes, treasury notes, gold certificates, and 
silver certificates. The first of these only is a legal tender; 
but as all the others are amply secured by the national 
government, they readily pass for money. 

122. Value of Paper Money. — As gold and silver coins 
can always be reduced to bullion and then used in the 
arts, it follows that this kind of money will always have a 
commercial value, depending upon the state of the market. 
Considered as mere paper, a printed bill has no value ; 
and yet in this country, at the present time, we readily 
exchange our labor and our products for our paper cur- 
rency. We have no hesitation in doing this, because of 
our faith in the promise of the government to redeem its 
notes with gold and silver. As this quality of exchange- 
ability rests entirely upon the promise of the national 
government, the value of paper money will always fluctu- 
ate with the credit of the government. The bills issued 
by the Continental Congress became utterly worthless, 
because no one had any confidence that they would be 
redeemed. The same statement is also true of the bills 

86 



PRIVATE PROPERTY 



issued by the Confederate states ; and during the Civil 
War the credit of the United States was so poor that 
its greenbacks were worth only fifty cents on the dollar. 

123. Taxation. — The right of private property being 
an absolute one (8), it follows that not even the govern- 
ment may take my possessions and give them to another, 
though it should offer to pay me. Still, as a state cannot 
exist without money to meet its obligations, and as the life 
of the state is of far greater importance than the right of 
any individual, the government would be justified in taking 
any portion of my property to pay its own expenses. The 
exercise of this right is a necessity, and is called " taxa- 
tion." A direct tax is where the person against whom it 
is levied, or upon whose property it is assessed, actually 
pays it. An indirect tax is where the person against 
whose property it is assessed pays it, but recovers the 
amount by an added charge to the consumer. Land, poll, 
or income taxes are of the direct kind ; duties on imports 
are indirect- To be lawful a tax must be levied for some 
public purpose, as the payment of public officers ; but this 
purpose may also be the support of schools, of the poor, or 
the payment of pensions. These expenditures are either 
necessary, or such as rest upon considerations of public 
policy alone, and both justify a tax. When, however, the 
object is not public interest, but private advantage, it 
ceases to be taxation, and becomes plunder. The courts 
would not permit a tax to be collected where the purpose 
was to establish a person in business. 

Closely connected in principle with taxation is the right 
of eminent domain. " Whenever it becomes necessary, for 
the public good, to open a street, construct a canal, charter 

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TRAINING FOR CITIZENSHIP 



a railroad, lay out a park, or to perform any other similar 
act in the interest of the public, and the owners of the 
property refuse to sell, or ask an exorbitant price for their 
land, the state has the right to condemn such property to 
that public use, and any court having due authority may 
compel its surrender. This is called the right of eminent 
domain." In this case, however, the owner must be paid 
what his property is reasonably worth, the amount being 
usually determined by a jury. 

TOPICAL ANALYSIS 

i. Nature and origin of private property; capital. 

2. Definition of labor. 

3. Division of labor. 

4. Exchange. 

5. Commerce. 

6. Articles used for money. 

7. Gold and silver. 

8. Paper money. 

9. Credit the basis of value in paper money. 
10. Taxation; eminent domain. 

QUESTIONS AND EXERCISES 

1. What is an income tax ? A tax for revenue only? 

2. Why are gold and silver coins made nine-tenths fine ? 

3. In a fire $2000 in silver dollars is melted; what is the mass of 
silver worth to-day ? 

4. How does a tax differ from a fine ? From a license ? (Cooley, 
Const. Lim., §§ 201, 584.) 

5. From a tax receipt find the valuation of this school district. 

6. What is meant by the expression " 16 to 1 " ? 

7. Who is a " tax-dodger " ? 

8. In what way does a taxpayer receive his compensation ? 
g. Who is a " single taxer " ? 

10. Of what two metals is the alloy in a gold coin composed? 

88 



XII 

REAL PROPERTY 



124. Land. — All property is divided into two classes, — 
real and personal. Real property is such as is perma- 
nent, fixed, and immovable in its nature. Land is always 
regarded as real property, and ordinarily includes what- 
ever is erected or growing upon it, as well as whatever is 
contained within its surface, as minerals and the like. 
The term " land " also includes any body of water, hav- 
ing reference to the land under the water. 

125. Buildings. — If the buildings erected upon the land 
be permanent in their nature, and especially if they be 
placed upon stone foundations, they become a part of 
the realty. This is always the case if the owner of the 
soil erects the building himself ; but if he permits another 
to do so, under an agreement that the building may be 
removed, it then becomes personal property. If a stranger 
erects a building upon another's land without his consent, 
it is a part of the realty. 

126. Waters. — One who owns the land on both sides 
of a stream owns the whole bed ; if he owns the bank on 
one side of the stream, he owns to the middle of the 
stream. The owner of the bed of the stream, however, 
does not own the water that flows over it, but simply the 
right to use the water as it flows along. The consequence 



TRAINING FOR CITIZENSHIP 

of this is that no proprietor of the bed has a right to use 
the stream to the prejudice of another whose land borders 
upon the stream. In those states where irrigation is prac- 
tised it is generally held that the use of the water for this 
purpose belongs to the first appropriator. 

127. Wild Animals. — By reason of the ownership of 
the soil, the proprietor has a qualified property in the t wild 
animals found upon it, and in the fish in the stream. A 
stranger has no right to go upon another's land, without 
permission, to kill game or to take fish ; and if he does so, 
the game so killed, or the fish so caught, belong to the 
owner of the soil. If a hunter starts game on A's land, 
pursues it upon B's land, and there kills it, the game 
belongs to the hunter. Finding bees in a tree upon 
another's land gives the finder no right to the bees or to 
the tree. 

128. Kind of Interest. — Real property is generally 
called real estate ; but the latter term refers rather to the 
kind of interest a person has. It may be full ownership, 
in which case the owner may dispose of it as he sees fit. 
It may be a conditional interest, to end with the happen- 
ing of a certain event. The tenant may have the right to 
occupy the premises for a definite period, as for five years ; 
or for an indefinite time and at the will of another. 

129. Freeholds. — An estate of inheritance is one that 
goes to the owner's heirs at his death. A life estate is 
where a lease of land is made to a man to hold for the 
term of his own life, or for the life of another, or for more 
lives than one. These estates are called freeholds, because 
they formerly required actual possession of the soil. To 
be considered a freehold, an interest in land must be 

90 



REAL PROPERTY 



indeterminate as to time, and immovable as to place. In 
some states only freeholders can sit upon juries, or vote 
upon certain questions. 

130. Dower and Courtesy. — A dower interest is the 
right which the widow has to the use of one-third of all 
the real estate which her husband owned at any time 
during the marriage. In those states where women are 
allowed to vote at school elections, but where no one 
can vote to raise money, or hold an office in the district 
unless he or she be a freeholder, a dower interest would 
enable the widow both to vote and to hold the office. 
These rights do not attach during the life of the husband. 

In some states the husband, on the death of the wife, is 
entitled to the use of her estate during his own lifetime. 
Generally this is not the case unless a lawful child has 
been born to them which could have inherited the mother's 
property. Like a dower interest, an estate by the courtesy 
is a' freehold. 

131. Community Property. — In California and a few 
other states a distinction is made between property acquired 
before marriage by either husband or wife, and that 
acquired after marriage. The former is called separate 
property ; the latter, community property. All property 
acquired by the husband, or the wife, or the minor children 
during the marriage, except what is acquired by gift, devise, 
or descent, or earned by the wife or minor children while 
living separate and apart from the husband, is deemed the 
common property of the husband and the wife. While the 
husband and wife live together, the former, for a valuable 
consideration, may dispose of the community property as 
he sees fit, except in case of the homestead. Upon the 

9 1 



TRAINING FOR CITIZENSHIP 



death of the wife the whole belongs to the husband. If the 
husband should die first, the half goes to the wife and the 
remainder to his heirs, unless otherwise disposed of by will. 
The details will differ in the several states using this plan. 

132. Title to Real Property. — Title means the same as 
ownership (139). It is not the same as possession, for a man 
may possess what he does not own, and own what he does 
not possess. One may become the lawful owner of real 
property either by purchase or by descent. Purchase 
means the acquiring of property in any other way than 
by descent. 

The title may be transferred in either of two ways. First, 
by act and operation of law, as in the case of the owner 
dying without a will, the property will go to his heirs. 
Second, it may be transferred by the owner's personal act, 
as by gift, by will, or by sale. 

133. Deeds. — Every transfer of the title to real property 
must be by an instrument in writing, "called a deed. A 
quit-claim deed is one that transfers whatever interest the 
owner may have. A warranty deed conveys an absolute 
title, and also contains a clause whereby the grantor agrees 
to pay the grantee for any loss which he may sustain, if 
the grantor's title should prove not to be good. Unless 
the wife signs the deed, she will retain her dower interest ; 
so, also, the husband must sign the deed in those states 
where he has the right of courtesy. The grantor says under 
oath that his signature was made by his free act. He does 
this usually before a notary public, an officer appointed 
by the governor for that purpose. 

134. Mortgages. — It often so happens that an owner 
does not wish to dispose of his land entirely, but desires to 

92 



REAL PROPERTY 



raise some money by pledging it as security. Frequently 
also a purchaser of land is unable to pay the whole amount 
of the purchase price. In each of these cases the usual 
plan is to secure the repayment of the money by giving a 
mortgage. Unless the consideration be the purchase price, 
the wife must sign the mortgage in order to convey her 
dower interest. A deed, though absolute in form, if given 
merely as security and with no intention of conveying the 
title, will be treated by the courts as a mortgage. 

A mortgage is in the form of a deed, with a condition 
added. The condition is that, if the money which the 
mortgage was given to secure shall be repaid with interest 
at a time specified therein, the title shall not pass. A 
separate paper in the form of a note or bond always accom- 
panies the mortgage, and is the real evidence of the debt 
owed by the mortgagor. The mortgage itself is simply a 
security. 

135. Foreclosure. — Formerly, at the time specified in 
the mortgage, if the money was not repaid as agreed upon, 
the mortgagee could take possession of the land ; but this 
custom has long since been changed, and the mortgagee 
must foreclose. Foreclosure is a method by which the 
land is appropriated to satisfy the debt. The method differs 
in the various states ; but the mortgagor is always given 
further time in which to redeem his pledge. This right to 
redeem is called the " equity of redemption." If the mort- 
gagor sees fit, he may disregard the security entirely and 
sue the mortgagee upon the note. Or, as is more commonly 
done, he may foreclose the mortgage, sell the property, and 
then obtain a deficiency judgment if he does not receive 
enough from the sale to satisfy the debt. If he receives 

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TRAINING FOR CITIZENSHIP 



more than enough to pay the debt, the excess goes to the 
mortgagor. 

136. Registration. — It is greatly for the interest of any 
one having a legal claim against real estate that the writing 
which shows the character of the claim should be recorded. 
This record is a notice to all the world of the interest you 
have, and no unrecorded instrument from the same person 
can affect your title. One should never purchase any real 
property, or take a mortgage upon it, without having the 
title examined by some competent person. This examina- 
tion is made comparatively easy by means of abstracts of 
title, which are generally merely indexes showing the book 
and page upon which any written instrument may be found 
which in any way affects the title. In some states it is the 
custom to obtain a certificate guaranteeing the title (154). 
As in a deed (133), the value of this guaranty will depend 
upon the responsibility of the guarantor. 

TOPICAL ANALYSIS 

i. The nature of real property. 

2. Buildings as real property; as personal property. 

3. Water rights. 

4. Property in wild animals ; in fish. 

5. Full ownership ; a conditional interest. 

6. Nature of a freehold interest. 

7. Dower and courtesy. 

8. Community property. 

9. Title to real property ; methods of transfer. 

10. Deeds; signature of the wife. 

11. Mortgages ; the note which accompanies a mortgage. 

12. Foreclosure; a deficiency judgment. 

13. Registration; abstracts of title. 

94 



REAL PROPERTY 



QUESTIONS AND EXERCISES 

i. Why is a first mortgage better than a second ? 

2. In this state must the husband sign the deed to his wife's 
property ? 

3. For how long a period does the equity of redemption extend in 
this state ? 

4. When is a quit-claim deed as good as a warranty deed ? 

5. From your stationer procure a mortgage blank and draw a mort- 
gage on a farm for $500. 

6. A intrusted $1000 to B with which to buy a house and lot for 
him. B bought the property, but took the deed in his own name. Could 
he hold it as against A ? 

7. If you should lose the deed to your house and lot, where might 
you procure a copy ? 

8. If a man should find $1000 in gold buried upon his farm, would he 
be the owner of it ? 

9. What is the test whether the animal is wild or domesticated? 
What effect does branding have ? 

10. What other liens besides a mortgage may there be on real estate ? 

11. Give an instance where the title to land was acquired by adverse 
possession (213). 



9? 



XIII 

PERSONAL PROPERTY 



137. Varieties of Personal Property. — The different 
forms which personal property may assume are well-nigh 
endless. The clothes we wear, the food we eat, the tools of 
the mechanic, the books of the lawyer, the goods in the 
store, the flocks in the field, the money in our pockets or 
in the bank, are each and all of this class. But besides 
these objects of the senses, the possession of which we 
actually have, there is a vast amount of personal property 
which one may have only the right to possess at some 
future time, as money due upon a note or bond. Now it 
often happens that we are unable to get possession of such 
property except by an action, or suit at law ; and hence 
everything of this character is called "a chose (a thing) in 
action." 

138. Goods and Chattels. — Personal property includes 
everything of value, not a freehold (129). It is called 
" personal " because it is movable, and may attend the 
person of the owner. The term "chattels" is often ap- 
plied to this kind of property, probably because in early 
times wealth consisted almost entirely of cattle. The term 
" goods " is generally understood to apply to inanimate 
objects, as household furniture and the like; while chattels 
include living objects as well. 

96 



PERSONAL PROPERTY 



139. Title by Possession. — Ownership is the right by 
which a thing belongs to one person, or set of persons, to 
the exclusion of all others (132). Title to real property, 
or the right of ownership, is shown by written instrument ; 
title to personal property is shown by possession. It is 
not always certain that he who has the possession of a 
chattel is the real owner ; but, as a rule, such is the case. 
There is no registry to the title of personal property as 
there is to that of real estate. 

140. Title by Contract. — Our title to every species of 
personal property which we have merely the right to enjoy 
at some future time is founded upon contract. A contract 
is an agreement, upon sufficient consideration, to do or not 
to do a particular thing. One who is able to transact busi- 
ness upon his own account (58) may make any kind of a 
contract he sees fit, unless it be forbidden by law, or im- 
possible to perform. The most important principle which 
underlies the doctrine of contracts is that we must do as 
we agree. If this were not the case, no one would consent 
to render any service for another, because the other could 
refuse to pay him. And no one would pay in advance, 
because the payee could then refuse to render the service. 

The liberty of contract has been declared by a learned 
judge to be "of all the rights of persons the most essen- 
tial to human happiness." Every kind of business is a 
system of contracts, and commercial law is in great part 
only the law governing all contracts. Thus every sale of 
goods, and every note, draft, or indorsement, is a contract ; 
every act done by a clerk or other agent in his business 
is but the carrying out of the contract originally made with 
his employer. 

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TRAINING FOR CITIZENSHIP 



141. Commercial Paper. — One of the most common 
forms for a contract to assume is that of a draft, a check, 
or a promissory note. This is called commercial paper, 
because in business transactions each circulates as money. 
In the business world few of the larger transactions are 
made by actual cash payment. If a merchant in Detroit 
wishes to pay an importer in New York for a bill of 
goods, he deposits his money in the Detroit bank, pur- 
chases a draft on New York, and sends it to his creditor. 
If the creditor lives in Detroit, the debtor gives him his 
check. 

142. Promissory Notes. — It often happens that a man 
has no ready money to deposit in the bank, but he does 
have property, which gives him credit. In this case, 
instead of making use of a draft or check, he may give his 
note. A promissory note is a written agreement, signed 
by the maker, to pay a certain sum of money, at a certain 
time, to a person named therein, or to his order, or to 
the bearer. He now takes this note to some one who is 
willing to make him a loan, gives it to him, and receives the 
money. Sometimes the borrower will get a responsible 
person to write his name upon the back of the note, and 
he will then take it to the bank where it will be discounted. 
Such a note is called "an accommodation paper." The 
one who writes his name upon the back is called an in- 
dorser, and he will be responsible to the bank for the pay- 
ment of the note in case the maker fails to keep his 
promise. Some banks will not loan money upon a promis- 
sory note unless it is accompanied by other security, as a 
bond or a mortgage. The bond or mortgage in this case 
is called collateral security. 



PERSONAL PROPERTY 



143. Quality of Title. — The title to personal property, 
as well as to realty, may be absolute or qualified ; it may 
be good, bad, or doubtful. A thief may have possession 
of goods; and yet he has no title, for he does not have the 
right of possession. One may borrow a horse, and thus 
have the right of possession ; but yet he is no owner. 
When, however, the actual possession, the right of posses- 
sion, and the right of property unite in one and the same 
person, such person is the absolute owner of the thing, and 
can dispose of it as he likes. 

144. Transfer of Title by Sale. — When one who has 
personal property, but no money, desires to turn the 
property into money, he may sell it, that is, he may trans- 
fer his absolute title in the thing for a price in money. 
Ordinarily the sale is accompanied by delivery, especially 
when the article is fully paid for ; but this is not always 
the case. Sometimes the vendor, or the one who sells, 
acknowledges in writing that he has transferred the title to 
the buyer, or vendee. This writing is called a bill of sale. 

145. Chattel Mortgages. — But sometimes the owner of 
personal property desires to retain his ownership in the 
article, and yet to use it as security upon which to borrow 
money. This he may do by delivering the article to his 
creditors upon condition that it shall be returned when the 
money is repaid. The article is then said to be pawned. 
Or one may desire to retain possession, and also to use the 
property as security. In this case the owner executes a 
mortgage, which acknowledges that the property shall 
belong to the mortgagee, if a certain sum mentioned 
therein be not paid at a certain date. The mortgagee 
then takes the mortgage to the township clerk, or to the 

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TRAINING FOR CITIZENSHIP 



county recorder, who places it on file, when it becomes a 
notice to every one of just what interest the person in 
possession has. 

TOPICAL ANALYSIS 
i. Varieties of personal property ; a chose in action. 

2. Goods and chattels. 

3. Title by possession. 

4. Title by contract ; the liberty of contract. 

5. Checks and drafts. 

6. Promissory notes; accommodation notes; indorsers ; col- 
lateral security. 

7. Quality of title. 

8. Transfer of title by sale. 

9. Chattel Mortgages. 

QUESTIONS AND EXERCISES 

1. Is a chattel mortgage of any value if not recorded ? 

2. Write a promissory note payable to order. 

3. Write a bill of sale for a horse with a warranty of soundness. 

4. How does a check differ from a note ? 

5. What is the usual sign of a pawnbroker's shop ? 

6. If a promissory note be lost, must the owner lose the debt ? 

7. The law requires that a contract, where the amount involved is 
over $ 100, must be in writing. Why ? 

8. What is the meaning of "sufficient consideration" in the defini- 
tion of a contract ? 

9. Why do bankers dislike to take an accommodation note ? 

10. Why must an indorser upon a note be notified of its non-payment 
at maturity? 



100 



XIV 

BUSINESS ENTERPRISES 



146. A Business Enterprise. — The expression, "a busi- 
ness enterprise," generally conveys to our minds an under- 
taking by one or more persons to buy, sell, manufacture, 
or produce something of real utility. It involves the em- 
ployment of capital and labor, both skilled and unskilled, 
and conveys the idea of special knowledge and responsi- 
bility on the part of the proprietors and managers beyond 
the ordinary. 

But there is a secondary and broader meaning to the 
expression (1). In every country possessing a high degree 
of civilization there are to be found certain associations of 
individuals which, according to the definition given, could 
not be classified as business enterprises. They neither 
buy, sell, manufacture, nor produce anything, and they 
give employment only to a very limited amount of labor. 
Their real purpose is to distribute reliable information to 
those who are willing to pay for it, and are thus exceed- 
ingly useful in bringing capital and labor, employer and 
employee together. As society is at present organized, 
such associations are indispensable. 

147. A Partnership. — If you will take the trouble to 
read the signs over the stores and upon the manufactories 

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in any city, you will find that very few of them bear 
the name of a single individual. Even when they do, 
an investigation will probably show that, in the majority 
of cases, a single person is not the sole owner. One 
reason for this is that both capital and skill are necessary 
to conduct successfully any business, and it rarely happens 
that any one man possesses both in sufficient degree to 
enable him to carry on any very large enterprise upon his 
own responsibility. The simplest form in which two or 
more persons may unite in any lawful business their labor, 
skill, or property, or any combination of them, for profit is 
called a partnership. The intention of making a profit is 
essential. 

The partnership may be formed by a simple oral agree- 
ment, or it may be in writing ; as to duration, it may be 
indefinite, or it may be restricted to a certain period of 
time ; as to responsibility, it may include all the property 
of each partner not exempt from execution (39), or it may 
be limited to a certain sum as to one or more of them. A 
partnership may be dissolved by any one of the partners, 
and if the other members of the firm object, a court will 
decree a dissolution and require an accounting. The death 
of any one of the partners dissolves the firm. If a partner 
sells his interest, the purchaser does not become a member 
of the firm, unless the remaining partners consent. 

148. Corporations. — When the volume of business of the 
partnership has grown to very large proportions, and often 
when it has not, the form is frequently changed to that of 
a corporation. In organizing any kind of a corporation 
where the object is profit, a certain amount of money must 
be subscribed, which is called capital, or capital stock. 

102 



BUSINESS ENTERPRISES 



This " stock " is divided into a number of shares, and the 
owner of each share is a stockholder. These shares may 
be bought or sold like bonds, mortgages, or commercial 
paper. The holder of a share is a member of the cor- 
poration, and has a right to vote at all the meetings of the 
stockholders. Thus the individual members may change, 
but the corporation always remains the same. The 
corporate form has some advantages, which should be 
remembered. 

i. Powers. — A corporation, being a fictitious person 
(76), has no natural rights whatever. All of its powers are 
derived solely from its charter, which must conform strictly 
to the acts of the legislature under which it is incorporated. 
It can transact no business which the charter does not 
authorize, anything else being beyond its powers. It is 
for this reason that a railroad corporation cannot engage 
in banking, nor one organized to buy and sell goods, in the 
work of manufacturing them. As it has no natural powers, 
so a corporation can have no natural death, but may possi- 
bly live forever. The term of its existence in most cases, 
however, is limited by law. 

2. Management. — In the management of the affairs of 
the partnership each partner has a voice ; but not so with 
every shareholder. He may indeed vote at the annual 
meetings at which the directors are elected, the influence 
of his vote being determined by the number of his shares ; 
but aside from this all the business is done by the board of 
directors, the officers, and the agents of the corporation. 
The board of directors holds regular meetings, usually 
once a month, where the more important measures are 
passed upon. The acts of the officers derive their validity 

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from the charter and from the resolutions of the board 

(47, 95). 

3. The Shareholders. — While the shareholder with only 
a few shares has little to say in the management of the 
business, nevertheless he has some advantages over a 
partner. Individual partners are personally responsible 
for all the debts of the firm ; the liability of a stockholder 
is always limited, and generally to the amount of his in- 
vestment. If a suit be brought for the recovery of a part- 
nership debt, the name of each partner is included in the 
complaint (178), and they are described as doing business 
under the firm name. If a judgment be obtained, an exe- 
cution (186) may be levied not only against the assets of 
the firm, but also against the property of each partner ; 
and, by taking proper measures, the judgment maybe kept 
alive for years. If any shareholder thinks the business of 
the corporation is being conducted in an unlawful manner, 
he may have the acts complained of reviewed by a court. 

149. Joint-stock Companies. — A joint-stock association 
is neither a partnership nor a corporation, but is an organi- 
zation which has some of the features of both. Its object is 
always profit, it has a common fund, and, in the absence of 
any law to the contrary, each member is personally liable 
for all the debts. Like a corporation, however, the shares 
are transferable, the business is carried on by officers and 
agents, and the death or withdrawal of a member does not 
dissolve the association. 

Joint-stock companies are of great assistance in promot- 
ing new business enterprises, for as the money actually 
paid in is but a small per cent of the face value of the 
shares, there is a prospect for a profit to be derived from a 

104 



BUSINESS ENTERPRISES 



rise. The method of starting a new enterprise by means 
of a joint-stock company is somewhat as follows, the one 
who engineers it being called a promoter. Two persons, 
we will say, own a group of copper locations, which they 
hope will develop into valuable mines. Having no money 
of their own, they organize a stock company with one 
hundred thousand shares of the par value of $i each, turn 
in their locations as payment for a majority of the stock, 
and secure the services of a promoter, who sells the stock 
at say twenty-five cents per share. With the money thus 
obtained, the company now develops the mines, and if 
more is needed, an assessment is made. As the work pro- 
gresses, the value of the stock rises or falls as the prospects 
for making a profit from the mines increase or diminish. 
Sometimes the shares come to be worth several times their 
par value, but often they turn out to be worthless. 

150. Stock Exchanges. — A stock exchange is a regu- 
larly organized association for the purchase and sale of 
stocks, bonds, and government securities. One or more of 
them is to be found in nearly every large city, and their 
aggregate sales are great almost beyond the imagination, 
those of the New York Exchange alone for one year 
exceeding $1,000,000,000. The New York Exchange is 
located upon Wall Street, the membership is limited to 
eleven hundred, as much as $80,000 has been paid for 
a single seat, and none but members are permitted to 
do business upon the floor. There are two classes of 
members, the first of which operate exclusively on their 
own account, and are called "bulls" and "bears"; the 
second buy and sell for others upon commission, and are 
termed stockbrokers. A curbstone broker is a dealer in 

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TRAINING FOR CITIZENSHIP 



stocks, bonds, and other securities upon commission, but 
who is not entitled to trade upon the floor of the exchange. 
Railroads and other enterprises requiring the expenditure 
of vast sums of money sell their securities through these 
exchanges. At the same time a certain degree of protec- 
tion is afforded the investor, as no stocks are listed upon 
the exchange until they have been pronounced worthy by 
a competent committee. 

151. Banks. — A bank may be defined as an institution 
for receiving, loaning, and taking care of money. Some- 
times they also issue money, but in this country that power 
is confined to the national banks. A savings bank is one 
which receives money in small amounts and pays interest 
upon it. Interest is a payment made for the use of money. 
Most banks pay interest upon deposits left for a certain 
length of time ; but savings banks do not always make this 
restriction. The money you leave with the bank is called 
a deposit. The banker will give you a certificate, or will 
make an entry upon your bank book, either of which is a 
simple acknowledgment that the bank is indebted to you. 
It is only a contract ; and if the bank should refuse to fulfil 
its agreement, you would have to collect the amount by a 
suit at law. 

The services which the banker renders to productive in- 
dustry are very great. He receives from those around him 
the sums of money, little and large, which would otherwise 
be idle, and loans them to those who wish to engage in 
business. The lender is assisted, for he receives interest 
upon his money ; the borrower is accommodated, for the 
bank furnishes a convenient place where he may obtain 
money to carry on his business. The bank derives its 

106 



BUSINESS ENTERPRISES 



profit from the interest upon the capital stock, upon depos- 
its which draw no interest, and upon other deposits which 
draw only a small rate per cent. It is always a suspicious 
circumstance when a bank is willing to pay a high rate of 
interest. If it were not for the banks, all the great manu- 
facturing and commercial interests would soon be in the 
hands of the great capitalists ; for only they could obtain 
the money to pay the employees and to meet the other 
expenses. 

152. Insurance. — Insurance is a contract whereby, for 
a certain sum of money called a premium, one party agrees 
to assume another's risk. The written contract which the 
company issues is termed a policy. There are four kinds 
of insurance, — life, fire, accident, and marine. The com- 
panies differ both as to the nature of their organization, their 
methods of conducting business, and the character of the 
policies they issue. As to their organization, they may be 
divided into old line, mutual, and those combining both 
features. Old-line insurance is where the premium is at a 
fixed sum per annum. In mutual insurance the premium 
depends upon the losses which are incurred, and is paid in 
assessments. As to the kind of policy issued in life insur- 
ance, we have the straight life and the endowment plan, 
which embraces a savings bank feature. The amount of 
each premium in life insurance is based upon the expect- 
ancy of life, which may be learned from tables prepared 
by an actuary. 

The total amount of the various kinds of insurance 
carried by the people of this country runs into the thou- 
sands of millions of dollars. Almost every business man 
carries some insurance, and generally those who conduct 

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great enterprises take out large policies. The benefits 
which they derive consist in the payment of actual losses, 
and in the sense of security. Knowing that the most 
destructive fire will not deprive him of all of his capital, 
and that, in case of his death, his family will receive the 
protection afforded by his life insurance, the business man 
will assume a responsibility not otherwise to be thought 
of, and the world will be the gainer for his enterprise. 

153. Credit Agencies. — Commercial agencies are organ- 
izations formed for the purpose of finding out the financial 
standing of every one who seeks to obtain credit. It is 
not considered safe to do a large credit business even in a 
small community ; but where, as in the case of a whole- 
sale merchant, some of his customers may live a thousand 
miles away, the danger from loss becomes very great. To 
furnish the information upon which a merchant safely re- 
lies, credit agencies have been formed, whose representa- 
tives reside in, or visit, every city and village in the land. 
By means of their reports the financial standing of every 
one may be known, and thus the scope of business enter- 
prise is greatly increased. 

154. Indemnity Companies. — Somewhat similar to insur- 
ance companies are those organizations which offer indem- 
nity for other losses likely to occur in the transaction of 
business. Bond indemnity companies have for their object 
the furnishing of official bonds, and of insuring employers 
against loss from any dishonesty on the part of their em- 
ployees. This is a great relief to the one who must other- 
wise sign an official bond, as there is always some risk for 
which ordinarily he receives no pay ; it is a kindness to the 
one who must give the bond, as he can pay for what he 

108 



BUSINESS ENTERPRISES 



must otherwise ask as a favor ; and it assists the one who 
is seeking employment, as he can apply with confidence to 
a perfect stranger. Of course the indemnity company will 
look up the applicant's record with great care ; and if his 
life has not been an honorable one, no bond will be given. 
Title and guarantee companies are organized to insure 
titles to lands, and the security which they afford to 
purchasers is obvious (136). 

155. Building-loan Associations. — Another organization 
which benefits the investor and the borrower alike is the 
building-loan association. Its purpose is to furnish a safe 
investment, with a good rate of interest, for the wage-earner 
or for the person with a small income ; at the same time it 
affords the one who has a little money and a steady income 
an opportunity to become the owner of a home by paying 
for it in small monthly instalments. They are joint-stock 
associations, and are sometimes called co-operative banks. 
The borrower must first pay for his lot, and then the asso- 
ciation will advance a portion of the money necessary to 
build a house ; or it will make a loan upon a house and lot 
for from one-third to one-half its value. The total assets 
of the building-loan associations of the United States 
exceed six hundred million dollars. 

156. Employment Agencies. — An organization often 
very useful to one seeking work is the employment 
agency, or intelligence bureau. This is especially true if 
one wishes to change his location, or is in a strange city. 
It is the business of these agencies to become informed as 
to any vacancies, actual or prospective, in their particular 
line, and to recommend suitable candidates. Sometimes 
there will be a central office in one of the larger cities, 

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as Chicago or Boston, and branch offices in other cities, 
as Los Angeles or Denver. This is particularly true of 
teachers' agencies. It is a brokerage business, the appli- 
cant paying a small fee and a percentage of his salary. 

157. Trusts. — A trust, popularly so called, is a com- 
bination of capitalists for the purpose of controlling the 
manufacture and output of some productive industry. It 
seeks to accomplish this by buying up all the factories 
which manufacture that particular product, and thus a 
monopoly is secured. If, now, any one should seek to 
start a new factory, the trust will lower the price below 
the cost of production, and attempt to drive him out of 
business. If there is a falling off in the demand for the 
particular article, instead of reducing the price, the trust 
will stop manufacturing until the stock on hand is suffi- 
ciently depleted to warrant resuming. The advocates 
of the trust say that it is a benefit, because by reducing 
expenses it cheapens the cost of production, which is for 
the advantage of the consumer. The opponents of the 
trust maintain that it is an evil, because it discourages 
private enterprise, reduces the demand for labor, and 
creates a monopoly. A trust is not to be confounded with 
a trust company, which is organized for quite another pur- 
pose. 

TOPICAL ANALYSIS 

i. A business enterprise ; a combination in aid of it. 

2. A partnership ; how formed, dissolution, authority of partner. 

3. Corporations, important features : — 

(1) Powers limited by charter. 

(2) Managed by directors and officers. 

(3) Shareholders vs. partners. 



BUSINESS ENTERPRISES 



4. Joint-stock company ; promoting an enterprise. 

5. Stock exchanges; use to large enterprises and to investors. 

6. Banks ; the services they render. 

7. Insurance; collateral security. 

8. Indemnity companies ; a title guarantee company. 

9. Credit or commercial agencies. 

10. Building and loan associations. 

11. Employment agencies. 

12. Trusts. 

QUESTIONS AND EXERCISES 

1. Give an example of a partnership in which no capital is required. 

2. A partner signs the firm name to a promissory note, given for 
articles not used in the partnership. Is it good as against the other part- 
ners? 

3. Point out the differences between a municipal (76) and a trading 
corporation. 

4. In what lawful way may a man have his debts discharged with- 
out actually paying them ? 

5. From a daily newspaper find the value of N.Y. Central R.R. 
stock. 

6. Explain the meaning of "bulls" and "bears" in the stock ex- 
change. 

7. A father deposited $1 in the savings bank for his son on his first 
birthday, $2 on his second birthday, and so on until his twenty-first in- 
clusive. The interest was compounded semiannually at 3 % per annum. 
What was the amount at the date of the last deposit ? 

8. Show how an endowment policy combines the life insurance and 
savings bank feature. 

9. Why should you hesitate when asked to sign a bond or a note ? 

10. Debate the following question : — 

" Resolved that trusts are a disadvantage to productive industry." 



1 1 1 



XV 

PROTECTION OF PERSON AND PROPERTY 



158. Courts as Instruments of Protection. — The laws of 
any country are extremely watchful in protecting the per- 
son and the property rights of every individual under its 
jurisdiction, the judicial department in time of peace being 
especially charged with this duty. If a man unjustly with- 
holds any of your goods, a court will assist you in obtain- 
ing them ; if he should owe you a sum of money, the same 
court will aid you in collecting it ; if he should attempt to 
deprive you of any of your possessions by force, the laws 
of the land will sustain you in resisting to any extent 
necessary ; and if he should injure your person, or sully 
your reputation, the courts will give you damages for the 
injury inflicted. The protection of person and property is 
one of the essential functions. 

159. Two Kinds of Injuries. — Whenever a person is 
disturbed by another in the peaceful enjoyment of his 
absolute rights (4), he receives an injury for which the one 
who causes it ought to atone. This injury may affect the 
individual chiefly, and society at large may have little 
interest in it. For example, it makes little difference to 
the public if A purchases a horse from B, and fails to pay 
for it ; but it is quite another thing if A steals B's horse. 
The one is a civil injury; the other is a crime. 

1 12 



PROTECTION OF PERSON AND PROPERTY 

160. Two Kinds of Law. — It is a maxim of the law that 
every wrong has a remedy ; and as all wrongs may be 
divided into two classes, so may we divide the laws of any 
country into public and private. Public law regulates the 
administration of state affairs, and prescribes the duties 
of public officers. It also governs the relations which 
exist between organized society and the individual, and 
punishes the violation of any of them as an offence 
against the state. Private law governs the relations 
which exist between the individual members of organized 
society. It is occupied with the rights of individuals, with 
the modes by which one person may acquire such rights 
or transfer them to others, and the ways in which personal 
redress may be obtained when these rights are impaired 
by fraud or violence. There is indeed a third kind of law, 
called international, which governs the relations of nations 
in their intercourse with each other ; but this division does 
not concern us at present (392). 

161. Civil Injuries founded on Contract. — Civil injuries 
are those which affect the individual chiefly, and may arise 
from a failure to perform the conditions of a contract. 
The remedy for this would be in damages, the amount to 
be found out by a suit at law. Examples of civil injuries 
arising upon contract are very numerous, and might hap- 
pen upon so simple a case as employing another to work 
for you. If the price be agreed upon beforehand, you 
cannot refuse to pay it. If there be no fixed amount, the 
court will oblige you to pay what the services are rea- 
sonably worth. The contract in this case is implied. 

162. Civil Injuries founded on Wrongs. — A civil in- 
jury may arise from the wrongful act of another whereby 

"3 



TRAINING FOR CITIZENSHIP 



damage ensues either to person or property. If a man 
borrows my horse, overdrives him, and thus causes the 
animal to be worthless, I may have an action against the 
borrower for the value of the horse. So also, if a person 
circulates false reports about another to the injury of his 
reputation, he will be liable in damages to the one injured. 
Suits for all kinds of injuries must be brought within a 
certain specified period of time, or not at all. The law 
prescribing this length of time is called a " statute of limi- 
tations" (213). In this case the law presumes the damage 
has been paid, whether this is actually so or not. 

163. A Crime. — A crime is an act committed or omitted 
in violation of some public law commanding or forbidding 
it. It is a wrong action viewed as affecting the rights, not 
of individuals, but of society, as a violation of public peace 
and order. In one sense every violation of a moral law 
is a crime for which the violator ought to be punished, but 
the civil law does not so look upon it. A man ought to 
keep his promise ; but if he makes an oral contract to sell 
his land, or to pay the debt of another, or to purchase per- 
sonal property above the value of $50, and should fail to 
keep his promise, this is no crime, and in most states it is 
not even a civil injury. The law usually prescribes that 
such contracts shall be in writing. 

164. Misdemeanors. — The law does not look on all 
criminal acts with the same degree of disfavor, as is 
clearly shown by the character of the punishment. A 
misdemeanor is a petty crime the punishment for which 
is a small fine, or imprisonment in the county jail or in a 
house of correction. The stealing of property worth less 
than $25 is a misdemeanor, as is also disorderly conduct. 

114 



PROTECTION OF PERSON AND PROPERTY 

165. A Felony. — The term "felony " does not have the 
same meaning in all states. In Ohio it is used in about 
the same sense that the word crime is elsewhere. In 
Michigan it is construed to mean an offence punishable 
by death, or by imprisonment in the state prison. Even 
in Michigan, however, the term "felonious" is synonymous 
with " criminal " and " feloniously " with " criminally." At 
common law (24) any crime was a felony, if the punish- 
ment was forfeiture of land or goods. 

166. Treason. — The highest crime against society, or 
the state, is treason, because it aims at the overthrow of the 
government itself. In all countries the punishment for 
treason is death. In the United States the crime consists 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. (Const. Art. Ill, § 3.) 

167. Perjury. — Next to the preservation of its own life 
the state is interested in having justice properly meted 
out to its people. This cannot be done unless witnesses 
in the courts can be compelled to tell the truth. When, 
in a judicial proceeding, having been duly summoned to 
testify, a person swears absolutely, wilfully, and falsely, in 
a matter of some consequence to the point in question, he 
commits the crime of perjury. This is a felony, the severity 
of the punishment varying according to the circumstances 
of the case. It may even extend to imprisonment for life. 

168. Murder. — The greatest offence which one man can 
commit against another is to take his life. Murder con- 
sists in the unlawful killing of a human being, by a person 
of sound memory and discretion, with malice aforethought. 
Malice here means an intentional killing, without just cause 
or excuse. Accident would be a good "excuse," and self- 

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TRAINING FOR CITIZENSHIP 



defence a " just cause." The penalty for murder is death, 
or life imprisonment. If a man in a sudden outburst of 
anger kill another, it is manslaughter, a crime punishable 
only with imprisonment. 

169. Arson. — Arson is the malicious burning of another's 
dwelling-house ; and in some states it includes the burning 
of any building belonging to another. This is the highest 
offence against personal property, because it utterly de- 
stroys it. When the dwelling-house is burned, especially 
in the night time, the crime is greatly aggravated ; for not 
only is the shelter of the family destroyed, but their house- 
hold goods, and even their very lives are put in jeopardy. 

170. Civil Injury and Crime. — The civil injury which 
one inflicts upon another by the commission of a crime is 
not settled when the criminal has served a term in the 
penitentiary. If A steals B's horse, the authorities will 
prosecute him for larceny. B may, however, at any time 
he sees fit, commence a civil action against A for the value 
of the horse, and the one action has nothing whatever to 
do with the other. 

171. Compounding a Felony. — A private person is not 
permitted to settle with another for a felony. He may 
receive pay for the stolen goods, and thus excuse the civil 
injury done; but he must not enter into any agreement 
to refrain from making a criminal complaint. Such an 
agreement is called " compounding a felony," which is 
itself a crime punishable by fine or imprisonment. Misde- 
meanors for which the injured has a remedy by civil action 
may ordinarily be compounded, and the order of a court 
permitting it is a bar to further prosecution for the same 
offence. 

116 



PROTECTION OF PERSON AND PROPERTY 



TOPICAL ANALYSIS 

i. Courts as instruments of protection. 

2. Two kinds of injuries. 

3. Public law; private law; international law. 

4. Civil injuries founded on contract. 

5. Civil injuries founded on wrongs. 

6. Definition of a crime. 

7. A misdemeanor. 

8. Distinction between crime and felony. 

9. Treason the highest crime against the state. 

10. Perjury the highest crime against justice. 

11. Murder the highest crime against an individual. 

12. Arson the highest crime against property. 

13. Civil injury and crime. 

14. Compounding a felony. 

QUESTIONS AND EXERCISES 

1. To what extent may you resist a pickpocket ? 

2. Why is compounding a felony an offence against society ? 

3. After a lapse of six years the law will presume a debt to have 
been paid. Is this protecting the rights of a creditor ? 

4. How does legal malice differ from any other ? 

5. Name some other offence against personal security. 

6. Can a man ever steal his own trunk ? 

7. What is the difference between civil and criminal libel ? 

8. How does a court determine the worth of one's services when no 
previous contract was made ? 

9. From the encyclopedia find the meaning of the statute of frauds. 

10. State a case in which one's rights may be impaired by fraud. 

11. Can perjury be committed except in a "judicial proceeding " ? 



"7 



XVI 

THE TOWNSHIP COURT — CIVIL SIDE 



172. A Court. — A court is a place where justice is 
judicially administered. The word "judicially" here 
means pertaining to a judge, an officer appointed by law 
to inquire into the facts, to determine the law, and to 
apply the remedy. In a broad sense (1) the word "court" 
also includes those officers who assist the judge, either in 
finding out the facts, or in applying the remedy, as the 
constable, the sheriff, and the jury. It is that body in the 
government to which the public administration of justice 
is committed (21). 

173. A Justice's Court. — The township court is called 
the justice's court, from the title of the officer who pre- 
sides over it. The office of justice of the peace is of very 
ancient origin, it having been transplanted to this country 
from England, where it has existed for centuries. In 
some states there is only one such officer in the township 
or precinct ; but often there are more, generally not to 
exceed four, depending upon the laws of the particular 
state. These are sometimes called " the people's courts," 
because by means of them justice is brought to every 
man's door. Any one may appear for himself, or for 
another, in a justice's court; and generally one is allowed 
to conduct his own case in any court. A case, or suit at 

118 



THE TOWNSHIP COURT — CIVIL SIDE 

law, may be defined as a question contested before a court 
of justice. 

174. A Justice's Jury. — Whenever a civil suit is 
brought in the township court, either side is entitled to a 
jury trial ; and in a criminal action a jury must be had, 
unless the prisoner especially waives the privilege. A 
jury generally consists of twelve men (285), but in Michi- 
gan and in some of the other states, a jury in a justice's 
court consists of six men, chosen from the electors and 
freeholders of the township. The jurors must be " good 
men and true," who will decide the case upon the merits. 
In a civil case, the one who demands a jury must advance 
the fee ; but in a criminal trial the expense is borne by 
the state. 

175. The Jury in History. — The method of trial by 
jury has been used time out of mind in England, and also 
in this country since the early settlement. The jury is 
said to have been peculiarly the offspring of the English 
people ; but it seems to have been made use of by most, 
if not by all, of the northern nations of Europe, and 
the principle was recognized by the Greeks and Romans. 
It has been carried to the remotest parts of the earth by 
the English-speaking race, the right being carefully guarded 
in the constitutions of the several American states, and in 
that of the nation. (Const. U.S., Sixth Amendment.) 

176. Qualifications of Jurors. — The law is very careful 
to permit no one to serve on a jury who will not be likely to 
render a fair and impartial verdict. This rule will exclude 
any one who is of kin to either party, or interested in 
the suit, or who does not possess a good character. The 
juror must be an elector, a person of good judgment, one 

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TRAINING FOR CITIZENSHIP 



able to speak the English language, and in most states a 
freeholder. No person need to serve if he be over sixty 
years of age ; and public officers, clergymen, teachers, and 
some others are generally exempt. 

177. Civil Jurisdiction. — By jurisdiction is meant the 
right which the court has to try cases. The jurisdiction is 
carefully limited by law, and is either original, appellate, 
or concurrent. Original, is where the case may be com- 
menced in court ; appellate, is where a higher court has 
the right to retry, or to rehear a case that has already 
been tried in the lower court ; concurrent, is where the 
plaintiff may bring his suit in either of two or more courts. 

Civil cases must, as a rule, be commenced in a justice's 
court where the debt or damage does not exceed $100; 
and, with some few exceptions, any case where the debt 
or damage does not exceed $300 may be commenced in 
the justice's court. Where the amount involved or the 
damage claimed exceeds $100, and is $300 or less, the 
plaintiff may commence either in the justice's court, or in 
a higher court, at his option (283). 

178. The Complaint. — Before a civil case can be com- 
menced in a township court, the one who desires to begin 
it must make such a statement to the justice as will 
authorize him to issue the proper order. In some of the 
states this complaint need not be in writing, nor made 
under oath ; but in others both the writing and the oath 
are required. The one who brings the suit is called the 
plaintiff, the one against whom it is brought is the defend- 
ant, and both are usually individuals or corporations (76). 

179. The Summons. — When the justice is of the opinion 
that he will be warranted in doing so, he may issue a sum- 

120 



THE TOWNSHIP COURT — CIVIL SIDE 

mons. This is an order signed by the justice, directed to 
any constable in the county, commanding him in the name 
of the people of the state to summon A. B. to be present 
in the court, at a certain place, at a time mentioned in the 
order, to answer to the suit of one C. D. In some states 
nothing need be said concerning the nature of the complaint; 
but in others a written copy must be attached to a copy of 
the summons, both of which must be delivered to the 
defendant. The defendant need not pay any attention to 
a justice's summons; but if he does not, judgment will be 
rendered against him. 

There are circumstances in which a warrant may be 
issued in a civil case, and the defendant arrested as in a 
criminal case. Formerly a person could be put in prison 
for the non-payment of any debt which was found to be 
legally due. Now, however, this can be done only when 
the debtor has been found guilty of fraud in contracting 
the debt. In certain damage cases also the defendant is 
liable to imprisonment. In all civil cases when the penalty 
is imprisonment the plaintiff must not only pay the ex- 
penses of the suit, if the defendant is unable to do so, but 
he must also pay the board of the defendant during his 
confinement in the county jail. Sometimes certain classes 
of prisoners are not kept locked up, but are given the jail 
limit, i.e. they may go where they please, but not outside 
the county. 

180. Obtaining Possession of Property before Suit. — In 
some cases a person may wish to obtain possession of a 
specific article, as a horse, which he claims another is 
wrongfully detaining from him. Or it may be that the 
debtor is about to dispose of his property fraudulently, in 

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which case a judgment would be worth nothing. Instead 
of issuing a summons, the justice would send an officer to 
seize the horse and deliver it to the plaintiff ; or to take the 
goods into his own possession, and to hold them until the 
plaintiff could have an opportunity to prove the legality of 
his claim. If the plaintiff could do this, he would be per- 
mitted to keep the horse ; or the goods would be sold to 
satisfy the debt, including costs. In both these cases the 
plaintiff would be required to give a bond to the justice to 
pay all damages that might arise to the defendant, if at the 
trial he should not maintain the rightfulness of his claim. 

181. The Subpoena. — It often happens that a witness 
must be brought into court to testify. If he will not come 
without it, a subpoena is issued to compel his attendance. 
This is an order signed by the justice, commanding the 
person to whom it is directed to be present at his office, at 
a certain hour, on a certain day, to testify. A copy of the 
subpoena is given to the witness by the officer, who tenders 
him the legal fee, and he is then obliged to obey the com- 
mand, or be punished for contempt of court. But no man 
can be compelled to be a witness against himself, nor will 
a wife be permitted to testify against her husband, nor a 
husband against his wife. 

182. The Trial. — On the day designated for the trial, 
the plaintiff, the defendant, the lawyers, if any are em- 
ployed, and the witnesses appear before the justice. The 
nature of the suit is first made known, either by the filing 
of the plaintiff's declaration or by the reading of the com- 
plaint. The defendant now denies the rightfulness of the 
plaintiff's cause of action, in whole or in part, and the trial 
proceeds. A jury is summoned (201 ) if either party demands 



THE TOWNSHIP COURT — CIVIL SIDE 

one, but otherwise the case is tried before the justice 
alone. Usually the plaintiff is the first witness called, and 
explains as clearly as he can his claim against the defend- 
ant. The witnesses for the plaintiff are now introduced, 
and each tells his story. The defendant then makes his 
statement under oath, and is followed by each of his 
witnesses. The lawyers assist the court by questioning 
the witnesses in such a way as to enable them to tell a 
simple story that shall contain all they really know about 
the transaction, and nothing more. To further assist the 
court, after the examination of the witnesses has been 
closed, each of the attorneys makes an address in which he 
seeks to justify the cause of his client. 

183. The Verdict. — In the higher courts the judge de- 
livers a charge to the jury, which is a statement of the law 
applicable to the case. The justice seldom delivers a 
charge, for in this court the jurors are judges both of the 
facts and of the law. The verdict is the opinion of the 
jury delivered to the judge. It* is usually in general terms, 
" for the plaintiff " or " for the defendant," the jury finding 
at the same time, in cases which require it, the damages to 
which the victorious party is entitled. 

184. The Judgment. — The judgment is the action of 
the court before which the trial is had, declaring the 
consequences of the facts as found by the jury, or by the 
judge when there was no jury. This is always in writing, 
and is entered by the justice upon his docket. If the trial 
was by jury, the entry should be made immediately ; but if 
there was no jury, the justice is given three or four days 
in which to render a judgment. It is very important that 
the judgment be given according to due form of law, or it 

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TRAINING FOR CITIZENSHIP 



will not support the execution, and the officer who attempts 
to levy upon the goods of the defendant will himself be 
liable. 

185. The Appeal. — When for any reason the defeated 
party in a justice's court is dissatisfied with the result of 
the trial, he may appeal to the next higher court, where 
the case will be retried in substantially the same method 
as in the lower court. There is this difference, however, 
viz., that the judge is generally a skilful lawyer, who will 
see to it that each party to the suit is carefully protected 
in his rights. If the judge should make what either party 
might consider an error in the interpretation of the law 
applicable to the case, then, usually, another appeal may 
be had to the highest court in the state. If in the opinion 
of the Supreme Court no error has been made, it will 
affirm the decision of the lower court, and the case is 
then finally disposed of. If, however, the Supreme Court 
should think that the judge in the lower court had com- 
mitted an error, it will do either of three things : reverse 
the decision and dismiss the case, grant a new trial, or 
modify the decision and affirm the rest. 

186. The Execution. — The last step in civil suits is the 
execution. This is an order issued by the justice, in the 
name of the people of the state, directed to any constable 
of the county, commanding him to seize upon the goods 
and chattels of the defendant, unless they are exempt 
from seizure (38), sell them, and bring the money to him 
within a certain number of days. With the money thus 
obtained, the justice pays the debt, satisfies the costs, and 
returns the remainder to the defendant. If there is an 
appeal, of course no execution is issued. 

124 



THE TOWNSHIP COURT — CIVIL SIDE 

TOPICAL ANALYSIS 

i. Definition of a court. 

2. A justice's court. 

3. The justice's jury. 

4. The jury in history. 

5. Qualifications of jurors. 

6. Civil jurisdiction in justice's courts. 

7. The complaint in civil cases. 

8. The summons ; the civil warrant. 

9. Obtaining property before suit. 

10. How to obtain a witness. 

11. The trial. 

12. The verdict. 

13. The judgment. 

14. The appeal. 

15. The execution. 

QUESTIONS AND EXERCISES 

1. What does the word " court " mean by derivation ? 

2. What is the purpose of cross-examination ? 

3. Are the words " attorney " and " lawyer " synonymous ? 

4. If asked to levy an execution under a void judgment, how may an 
officer protect himself from damage ? 

5. What is a justice's docket ? 

6. How long is a jury allowed in which to decide a case ? 

7. What is an " attachment " ? 

8. How else than " judicially " can justice be administered ? 

9. What is the meaning of " subpoena " by derivation ? 

10. How much must the one demanding a jury deposit with the 
justice before he will call one? 



125 



XVII 

THE TOWNSHIP COURT — CRIMINAL SIDE 



187. Criminal Jurisdiction. — By criminal jurisdiction is 
meant the power which a court has to hear, or to hear and 
determine, accusations of crime. The criminal law of this 
country consists almost wholly of statutory enactments, 
which are simple in their nature and easily understood. 
Jurisdiction in criminal cases in a justice's court is limited 
to misdemeanors (164). In every state, however, when a 
man is arrested for a felony it is made the duty of the justice 
to inquire into the circumstances, to see if there be probable 
cause to believe the accused guilty, and, if so, to hold him 
for trial by a higher court. If the justice thinks there is 
sufficient ground, he will commit the prisoner to the county 
jail until his trial in the county court, unless he will give 
a bond, signed by two responsible persons, for his appear- 
ance in the higher court upon the day of trial. 

188. The Complaint. — In a criminal case the complaint 
differs in some very important particulars from one in a 
civil case. The act charged is looked upon, not as one 
committed against the private individual, but as against the 
whole community. In this instance, therefore, the state is 
the plaintiff ; and the one who makes the complaint, often 
called the complaining witness, is not supposed to have any 
especial interest in the outcome. In some of the states, 
indeed, there is an officer whose duty it is to make all the 

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THE TOWNSHIP COURT — CRIMINAL SIDE 

complaints in criminal cases or actions. The complaint 
always charges that a crime has been committed, specify- 
ing the time, the place, and its nature. Provided they 
have been perfectly honest, neither the complaining wit- 
ness, nor the justice who issues the warrant, nor the con- 
stable who makes the arrest, can be held responsible in 
damages to the defendant, although he may have been 
perfectly innocent, and greatly injured. 

189. A Warrant. — In criminal cases the action is begun 
by a warrant, which the justice issues immediately upon 
the filing of the complaint. This warrant is an order, 
signed by the justice, directed to any constable in the 
county, commanding him in the name of the people of the 
state to produce the body of A. B., mentioned therein, to 
answer to the complaint of one C. D. 

190. The Arrest. — Armed with the warrant, the officer 
finds the accused, shows him the warrant, and takes him 
into his custody. Ordinarily the prisoner will be committed 
to jail ; for if he should escape through any carelessness on 
the part of the officer, the latter could be punished. It is 
very rare that any resistance is made to the commands of 
the officer, for this is itself a crime, which might meet with 
severe punishment. If, however, any resistance should be 
offered, the officer could employ all the force necessary to 
make the arrest, and any whom he might call upon would 
be obliged to assist. 

191. Admitting to Bail. — As soon after the arrest as 
practicable, the prisoner must be taken before the justice 
to have the amount of his bail bond fixed. He is always 
entitled to bail, except in the case of capital crimes where 
the proof is evident or the presumption great. Bail is the 

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delivery of a man out of custody, upon the undertaking of 
one or more persons that he shall appear at a certain day 
to stand trial. This undertaking is in the form of a bond, 
which must not be excessive ; for the right to his liberty, 
upon giving a reasonable assurance that he will obey the 
orders of the court, is a constitutional one, and, except in 
rare instances, no man may be deprived of it. The amount 
of the bond is left to the discretion of the judges. 

192. The Arraignment. — Upon the day fixed in the 
bail bond, or in case no bond has been given, as soon as 
may be after the arrest, the prisoner is brought before the 
court, the complaint is read to him, and the justice asks 
him if he is guilty or not guilty. If the accused answers 
"guilty," and the offence is simply a misdemeanor, the 
justice will sentence him at once; but if the offence be a 
greater one, the justice will commit him to the county jail, 
or admit him to bail. But the prisoner may answer "not 
guilty," or he may stand mute, in which case a plea of not 
guilty will be entered in his behalf, and the time set for his 
trial. 

193. The Trial. — After the arraignment, the method of 
conducting a civil and a criminal case is essentially the 
same. In the latter, however, the state is represented by 
its own attorney (295), and the defendant employs his own 
counsel. In the county court an attorney will be appointed 
by the judge to defend the prisoner, provided he is too poor 
to pay one himself. In some states an attorney thus ap- 
pointed by the judge receives nothing, but in other states 
he is paid from the county treasury. If the crime alleged 
to have been committed is one for which the justice cannot 
impose a sentence, a jury is not summoned; but otherwise 

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THE TOWNSHIP COURT — CRIMINAL SIDE 

it is. The verdict of a jury in a criminal case is always 
" guilty" or " not guilty." If there is only a preliminary 
examination, the justice may hold the prisoner for trial in 
the county court, or discharge him. The evidence pro- 
duced against the prisoner at the preliminary trial is always 
carefully written down, and if the justice holds him, a copy 
of it will be sent to the county clerk. In those states em- 
ploying one, this evidence will be laid before the grand 
jury (284), which may or may not find " a true bill " as it 
sees fit. 

194. The Sentence. — After conviction by a jury, or 
where the prisoner has entered a plea of " guilty," the 
justice orders him to rise, and asks him if he knows of any 
legal reason why sentence should not be pronounced upon 
him. The prisoner is now given an opportunity to answer, 
and then the justice tells him what his punishment will be. 

This action of the court is called a sentence. 

TOPICAL ANALYSIS 

i. Criminal jurisdiction in the justice's court. 

2. The criminal complaint. 

3. A warrant. 

4. The arrest. 

5. Admitting to bail. 

6. The arraignment. 

7. The trial. 

8. The sentence. 

QUESTIONS AND EXERCISES 

1. Compare the judgment and the sentence. 

2. When a lawyer is appointed by the court to defend a prisoner, 
must he do so ? 

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3. Upon what theory can the justice enter a plea of " not guilty " for 
a prisoner who stands mute ? 

4. Why should the criminal law be more simple than the civil ? 

5. May an officer kill his prisoner to prevent escape ? 

6. Should a lawyer receive pay from the county for defending a pris- 
oner who is without resources ? 

7. What is an " information " ? 

8. What is the advantage of both the preliminary examination and 
the investigation by the grand jury ? 

9. If a prisoner forfeits his bail, and the amount is paid, can he after- 
ward be imprisoned on that charge ? 

10. How can a prisoner's bondsman protect himself ? 

11. Should the jurors in a criminal case in a justice's court receive 
pay? 



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XVIII 

A CIVIL CASE IN A JUSTICE'S COURT 



195. Commencement of Suit. — On January 25, 1902, 
William Evans went to a justice of the peace, in the town- 
ship of Williams, county of Bay, and state of Michigan, 
and requested that a summons be issued for Ezra Jones, 
which was done. The writ commanded any constable of 
the county to summon Mr. Jones to be present at the 
office of J. P. Brown, a justice of the peace of said town- 
ship, at ten o'clock a.m., on February 3, 1902, to answer 
to the suit of William Evans. The writ stated that the 
cause of the action arose upon promises, for the breach of 
which Mr. Evans claimed damages, $300 or under. Mr. 
Brown made out an exact duplicate of the summons, and 
handed it to the constable, O. M. Stanton. The justice 
could have appointed a private person to act as constable. 

196. Service and Return. — The constable took both 
papers, found Mr. Jones, showed the original to him, and 
handed him the duplicate. He then returned to the jus- 
tice's office, and indorsed upon the original summons the 
following : " I hereby certify and return that, on the twen- 
ty-fifth day of January, 1902, I served the within sum- 
mons upon Ezra Jones, personally, the defendant herein 
named, by showing him the original, and by delivering to 
him a copy thereof, at the village of Auburn, in said 

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county." To this statement he signed his name and 
placed his fee at fifty cents. 

197. The Declaration. — Upon the day and at the hour 
stated, both Mr. Jones and Mr. Evans appeared at the 
office of Justice Brown, and, the case being called, Mr. 
Evans said his claim was for some logs sold and delivered 
to Mr. Jones, of the value of $75. This statement was 
made orally, but might have been made in writing. This 
action on the part of Mr. Evans is variously called filing a 
declaration, or a petition, or a complaint ; but no matter 
what term is used, it is simply a statement of the facts 
which form the plaintiff's cause of action. 

198. The Adjournment. — As the defendant was not 
ready to go to trial, he asked for an adjournment. This 
was granted, and the date fixed for February 7, 1902, at 
ten o'clock a.m., the trial to be held in the same place. 
There is never any trouble in securing the first adjourn- 
ment ; but courts are not made to be trifled with ; and, un- 
less a very good reason is assigned, further adjournments 
are not likely to be granted. 

199. Joining Issue. — At the hour appointed both par- 
ties appeared personally, the plaintiff being represented 
by E. A. Baker, his attorney, and the defendant by attor- 
ney S. A. Gray. Mr. Gray now filed the plea of " general 
issue," which was a brief way of stating that his client 
owed Mr. Evans nothing. The issue was now said to be 
joined, "the issue" being a statement affirmed on one 
side and denied on the other. The declaration and the 
plea together constitute the pleadings, or a statement in 
legal and logical form of the plaintiff's cause of action, 
and the defendant's grounds of defence. 

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A CIVIL CASE IN A JUSTICE'S COURT 

200. Striking a Jury. — Mr. Gray now demanded a 
jury, his client advancing the necessary fees. Justice 
Brown administered an oath to constable Stanton, who 
promised to select, according to his best judgment, such 
persons as were competent to serve upon the jury, and 
who would decide without favor to either party. The con- 
stable wrote down eighteen names, from which attorneys 
Baker and Gray alternately struck off six, leaving six. 

201. The Venire. — The justice here issued a venire. 
This is a written command to the constable, directing him 
to summon the six persons left upon the list to appear at 
his office, at two o'clock p.m. of that day, to make a jury 
for the trial of an action wherein William Evans was plain- 
tiff and Ezra Jones defendant. The word "venire" is for 
facias venire, and means "cause to appear." There being 
nothing further to do at the time, the court adjourned 
until two o'clock p.m. 

202. Selecting the Jury. — At two o'clock the court was 
called to order, and constable Stanton produced his venire 
with the statement indorsed upon it that he, personally, 
had notified each of the persons named within to be 
present at the place and hour mentioned. Each one of 
those summoned answered " present " as his name was 
called ; but Mr. Otis said it would be impossible for him 
to remain, owing to sickness in his family, and he was 
excused. 

203. Talesmen. — This being a civil action, the five re- 
maining jurors could have tried the case ; but Mr. Gray 
was not satisfied to have less than six. Justice Brown 
thereupon directed the constable to supply the deficiency, 
and Moses Howe was called to act in the place of Mr. 

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Otis. Mr. Howe was a talesman, because the calling of 
him was necessary to make up a sufficient number to form 
a jury. The word "tales" is a Latin word, meaning "suf- 
ficient." 

204. Examination of Jurors. — The six men now took 
their seats in a body, when Mr. Baker and Mr. Gray in 
turn questioned each as to his qualifications to serve upon 
a jury. The answers were apparently satisfactory ; but 
Mr. Baker did not see fit to accept Mr. Bryan, and ob- 
jected to his sitting. Justice Brown excused Mr. Bryan, 
and a talesman was selected, who was allowed to serve. 
You will notice that no reason was given for excusing Mr. 
Bryan, and the challenge was, therefore, " peremptory." 
If a reason had been assigned, it would have been a 
"challenge for cause." Peremptory challenges are not 
always allowed in justice's courts, and their number is 
limited in any court. 

205. Plaintiffs Statement. — After the jury had been 
sworn to render a fair and impartial verdict, Mr. Baker, 
on behalf of the plaintiff, made the following statement. 
He said that one Charles Jenks had sold some logs to Mr. 
Jones ; that Mr. Jenks was the agent for Mr. Evans ; that 
the logs belonged to Mr. Evans ; that their value was $75 ; 
that Mr. Evans, the plaintiff, had demanded payment of 
Mr. Jones, which had been refused ; and further said that 
he should ask the jury for a verdict of $75, with costs of 
suit. 

206. Defendant's Statement. — Mr. Gray, on behalf of 
the defendant, did not deny that Mr. Jenks had sold 
the logs in question to Mr. Jones for $75 ; but said that, 
shortly after he had bought them, Mr. Frank Bently had 

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A CIVIL CASE IN A JUSTICE'S COURT 

•given him an order for the money, signed by Mr. Jenks ; 
that he had accepted it ; that he considered himself indebted 
to Mr. Bently to the amount of the order. He said that 
his client never knew that Mr. Evans had ever claimed to 
own the logs until after he had accepted the order in favor 
of Mr. Bently. Mr. Evans, being duly sworn, testified sub- 
stantially as his attorney stated he would. 

207. The Evidence. — The plaintiff now introduced Mr. 
Jenks as a witness, who, being duly sworn, said that he 
had cut the logs for Mr. Evans, to whom they belonged. 
He admitted that he bought camp supplies from Mr. 
Bently to the amount of $75, and that he had given him 
the order on Jones ; but said that Mr. Bently knew that 
he was working for Mr. Evans, and that he bought the 
goods on his own credit. When he gave the order he 
thought Mr. Evans would be willing to have him do so, 
and apply the amount on his contract. Mr. Jones, being 
duly sworn, justified the statements of his counsel. 

208. Further Evidence. — Mr. Bently, being sworn, said 
that, when he sold the goods to Mr. Jenks, he never had 
the slightest suspicion that Mr. Jenks did not own the 
logs; that Mr. Jenks said he owned them; that the name 
of Mr. Evans was never mentioned; and that he had never 
heard of Mr. Evans in the transaction until this suit had 
been commenced. Mr. B. F. Clark, being sworn as wit- 
ness, said that he was present when Mr. Jenks bought the 
goods ; that he claimed to be working on his own account ; 
and that the name of Mr. Evans was never mentioned. 

209. The Arguments. — The testimony being closed, Mr. 
Baker made his argument in favor of the plaintiff. lie 
contended that the testimony showed that he never had 

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authorized Mr. Jenks to sell them ; and that in doing so 
Mr. Jenks had acted beyond the scope of his authority ; 
that Mr. Bently had sold the goods at his peril; and that 
his client was not responsible for Mr. Jenks's acts. He 
therefore asked for a verdict. 

210. Concluding Argument. — Mr. Gray now made his 
argument for the defence. He contended that Mr. Bently 
had sold the goods to Mr. Jenks in good faith, relying 
upon his claim of ownership ; that the goods were camp 
supplies ; that plaintiff must have known that his agent 
was using the credit that the logs would give with which 
to buy his supplies ; that he had carefully concealed his 
principalship so long as there were any supplies to be 
bought ; and that he had only disclosed it when there was 
something to be gained and nothing to be lost. Mr. Gray 
said that it was now too late for Mr. Evans to claim the 
logs, and asked the jury to give a verdict for defendant, 
with costs. 

211. The Verdict. — The constable was now sworn by 
the justice to keep the jury in some private and conven- 
ient place, without meat or drink, unless otherwise ordered 
by him ; nor to allow any one to communicate with them ; 
nor to do so himself, unless otherwise ordered by the 
court ; and not, before they had rendered a verdict, to let 
any one know the state of their deliberations. The jury 
now went into an adjoining room, where they remained a 
short time, after which they returned to the courtroom, 
under the charge of the constable. The justice asked 
them if they had agreed upon a verdict. The foreman 
replied that they had, and that it was for the defendant. 

212. The Judgment. — Justice Brown now entered in his 

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A CIVIL CASE IN A JUSTICE'S COURT 

docket that the jury had found for the defendant ; ren- 
dered judgment against the plaintiff and in favor of defend- 
ant, and taxed the costs against the plaintiff, at $11.50. 
The " docket " is a book in which is entered a brief record 
of the proceedings in a case. Upon this judgment an 
execution might have been issued, had not the plaintiff, 
within the time allowed by law, appealed the case to a 
higher court (349). 

213. Statutes of Limitation. — It is a maxim of the law 
that there should be an end of litigation, and therefore a 
time is set within which the defeated party must bring his 
appeal. If it were not for some such provision a person 
would never know -when he was through with a lawsuit, 
and he couid never rest content in the peaceful enjoy- 
ment of his property, or even of his liberty. The laws go 
further than this, and say that, if one man has a cause of 
action against another, he must commence his suit within 
a certain length of time, or not at all. In criminal matters, 
also, a man must be arrested within two years from the 
time the crime was committed, except in the case of capital 
crimes, or he will not be molested on that account. Laws 
of this nature are called " statutes of limitation," and are 
found in every civilized state. It is always a statute, 
because there were no provisions of this kind in the com- 
mon law (25). 

At the common law a debt was never settled until it 
was actually paid ; but now, by statute, if the creditor 
does not take timely action, the law will consider the debt 
discharged whether it is paid or not. The number of 
years during which the suit may be brought varies from 
two to six, according to the state. An appeal from a judg- 

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ment, decree, or sentence of a court must generally be 
made within sixty days ; but, upon due cause being shown, 
the time may be extended. A man may also gain a title 
to a piece of land by occupying it peaceably twenty years, 
and often for a less period. If you wish to know the 
length of the period in your own state, you must consult 
the Revised Statutes. 

TOPICAL ANALYSIS 

i. Evans vs. Jones. 

2. The summons issued. 

3. Service and return of summons. 

4. Mr. Evans files his declaration; adjournment. 

5. Issue joined ; the pleadings. 

6. Summoning the jury ; selecting the jurors ; talesmen. 

7. Testing the jurors. 

8. The trial : — 

(1) Plaintiffs statement. 

(2) Defendant's statement. 

(3) Evidence for plaintiff. 

(4) Evidence for defendant. 

(5) Argument for plaintiff. 

(6) Argument for defendant. 

9. Submitting the case to the jury. 

10. The verdict. 

11. The judgment. 

12. The appeal. 

QUESTIONS AND EXERCISES 

1 . Visit a justice's court, and observe carefully the trial of a case. 

2. Organize a school court, and try this case. 

3. Reproduce the arguments of each attorney both orally and in 
writing. 

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A CIVIL CASE IN A JUSTICE'S COURT 

4. How much does it cost to summon a justice's jury in this state ? 

5. What is the life of a justice's summons? 

6. Why are some persons excused from taking an oath? 

7. A pupil was severely reprimanded by the teacher before the school 
for a trifling offence. The punishment seemed too harsh to the pupils; 
but the teacher explained that it was only one of a large number of 
similar offences. Draw up a complaint, and try this case. In your 
complaint, specify four distinct breaches of good discipline. 

For the necessary forms, see Appendix. 



*39 





Part III 


The Village, City, and County 




Government 


Chapter XIX. 


Formative Influences 


Chapter XX. 


Villages and Cities 


Chapter XXI. 


The County — Its Legislative Department 


Chapter XXII. 


Political Machinery — Caucus and Primary 


Chapter XXIII. 


Political Machinery — The Convention and 




the Election 


Chapter XXIV. 


Administrative Officers 


Chapter XXV. 


The County Courts 


Chapter XXVI. 


The Territories 



XIX 

♦FORMATIVE INFLUENCES 



214. Mental Habit. — The natural desire of the normal 
human being is to be let alone. What we have been used 
to all our lives becomes a second nature or a mental habit 
with us. We are conservative by nature, clinging to the 
old, and entering upon the new and untried with reluc- 
tance. This will account, in part at least, for the perma- 
nence of our laws and civil institutions, which in many 
cases can be traced back for centuries. There are, how- 
ever, certain forces in society which constantly tend to 
change existing conditions (12). 

215. Social Customs. — The laws of a country are in- 
fluenced by social conditions. The state of Maine has a 
prohibitory liquor law, in South Carolina liquors are sold 
by state officers, while in New York the saloons are 
licensed. Duelling is permitted in Italy; in the United 
States it is a felony. In the Argentine Republic a lottery 
is maintained by the government ; in most countries it is 
prohibited by statute. The popular amusements of one 
country are often crimes in another. 

216. Industrial Conditions. — The laws of a country 
also reflect the industrial pursuits of the inhabitants. 
Mineral rights are of great importance in those states 
where mining is the chief industry ; while log liens and 

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timber limits characterize the laws of the lumbering states. 
There would be little need of a court of admiralty in 
Kansas ; you would not expect to find an irrigation law in 
the statutes of Connecticut ; while the laws for the protec- 
tion of fish would never form a prominent feature in the 
legislation of Arizona. 

217. Great Inventions. — Equally potent also in forming 
the institutions of a country have been the great inven- 
tions, and especially those of the nineteenth century. The 
cotton gin doubled the value of slave labor of the South, 
while the steam engine made possible the huge manufac- 
turing plants of the North. Rapid transit by steam and 
electricity have made the villages and country for miles 
around only suburbs of the great city ; while the telegraph 
and the long distance telephone have bound in closest rela- 
tionship the remotest parts of the earth. The changes which 
these inventions have brought are reflected in the laws, the 
mental habits, and the social life of the people. 

218. Religion. — The religious preferences of the people 
affect the laws. Under the strict rule of the Puritans no 
one was allowed to travel, cook, make beds, sweep houses, 
cut hair, or shave on the Sabbath day. In other countries 
an easier public conscience allows the people, after they 
have attended church, to spend the rest of the Sabbath day 
in playing games and in visiting. Thousands have lost 
their lives because they refused to accept another man's 
belief as their own ; to-day, however, in all civilized coun- 
tries the inhabitants are accorded the full right to worship 
as they see fit. 

219. There are certain great charters which have had 
an immense influence in shaping our civil institutions. 

144 



FORMATIVE INFLUENCES 



The first, and perhaps the greatest of these, is the Great 
Charter, which, in 12 15, was wrung from King John by 
the barons of England, sword in hand. Its most impor- 
tant provision was that " no freeman shall be taken, or 
imprisoned, or disseized, or outlawed, or banished, or any 
ways destroyed, nor will the king pass upon him, or commit 
him to prison, unless by the judgment of his peers, or by 
the law of the land " (10). Although this provision of the 
Charter was often violated by the rulers of England, the 
right was never surrendered ; and upon this foundation 
personal liberty was afterward secured. 

220. Habeas Corpus. — A second bulwark of our liberties 
is the writ of habeas corpus. These words mean " you may 
have the body," the object of the writ being to afford speedy 
relief from unjust imprisonment. From the earliest records 
of the English law no freeman could be detained in prison 
unless he had been duly convicted upon a criminal charge ; 
or had been found by the court to be owing a civil debt. 
The right to detain a person was claimed by some of the 
English kings, and it was to prevent the exercise of their 
tyranny that the Habeas Corpus was passed in 1679. It 
provides that a person arrested for treason or felony may 
be admitted to bail, if he be not indicted at the first term 
after his arrest, and will be discharged entirely if not tried 
during the second term. 

221. The Bill of Rights. — Like Magna Charta and 
Habeas Corpus, the Bill of Rights is looked upon as one 
of the great bulwarks of English liberty. It was passed 
in the year 1689, the first of the reign of William and 
Mary, and its chief provisions have been reenacted in the 
Constitution of the United States, of the separate states of 

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the Union, and in those of some foreign countries. This 
bill made standing armies in times of peace, and levies of 
money without consent of Parliament unlawful; guaran- 
teed the right of petition, the frequent assembling of 
Parliament, freedom of speech and of press, and forbade 
interference with the laws on the part of the king. 

222. The Declaration of Independence. — The great im- 
portance of this instrument is given in the words of Samuel 
Adams : " It was the first solemn declaration by a nation 
of the only legitimate foundation of civil government. It 
was the corner stone of the new fabric, destined to cover 
the surface of the globe. It demolished at a stroke the 
lawfulness of all governments founded upon conquests. It 
swept away all the rubbish of accumulated centuries of 
servitude. It announced in practical form to the world 
the transcendent truth of the inalienable sovereignty of the 
people. It proved that the social compact (19) was no fig- 
ment of imagination, but a real, solid, and sacred bond of 
the social union." 

223. The National Constitution. — After the close of the 
Revolutionary War it became evident that the Articles of 
Confederation did not confer sufficient power upon the 
central government, but left too much with the individual 
states. In 1785 Washington said that the " illiberality, 
jealousy, and local policy of the states were likely to sink 
the new nation, in the eyes of Europe, into contempt." 
Accordingly a new system of government was proposed, 
which should act, not on the states, but directly on individ- 
uals ; and which should have vested in it full power to 
carry its laws into effect. A constitutional convention was 
called, in which all of the states were represented. After 

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FORMATIVE INFLUENCES 



careful consideration the present constitution was adopted 
in 1787, and submitted to the people, as the source of all 
sovereignty, for ratification. 

224. Ordinance of 1787. — Second in importance to the 
Constitution comes the Ordinance of 1787. It provided 
for the government of the territory northwest of the Ohio 
River, out of which was formed the states of Ohio, Indiana, 
Illinois, Michigan, and Wisconsin. It prohibited slavery 
within the territory, provided that the estates of those 
dying without a will should be divided equally among the 
children, and set aside a certain portion of the public 
domain for the support of the schools (42). 

225. Emancipation Proclamation. — Considered in all its 
relations, the Emancipation Proclamation was one of the 
most important documents ever issued by the hand of man. 
It derives its great significance from the fact that it over- 
turned the labor system of the Southern states, and gave 
the blessing of liberty to a race that had been held in bond- 
age in this country for nearly two and one-half centuries. 
By its terms it freed only the slaves in those states then in 
rebellion against the United States ; but what it began was 
afterward completed by the Thirteenth Amendment to the 
Constitution. The Fifteenth Amendment raised the former 
slaves to political quality with their masters by providing 
that the right of a person to vote should not be denied, or 
abridged, on account of race, color, or previous condition 
of servitude. 

226. Popular Expressions. — In 1688 seven of the Eng- 
lish bishops were in danger of their lives, having been 
arrested by a tyrannical order of King James. Among 
these was Trelawney, Bishop of Cornwall, who was 

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respected and loved by his parishioners. All over the 
country the peasants chanted a ballad of which the burden 
was as follows : — 

" And shall Trelawney die? 

And shall Trelawney die ? 

Then thirty thousand Cornish boys 

Will know the reason why." 

And the miners from their caverns echoed the song with 
a variation : — 

" Then twenty thousand underground 
Will know the reason why. 1 ' 

The excitement aroused appalled the ministers, and the 
bishops were saved. Of a different nature, but equally 
powerful in its effects, was the expression of General 
Butler, calling the slaves " Contrabands of War." This 
expression was made the subject of a popular poem, was 
sung in the army and all over the Northern states, and 
a great authority has said that it was "worth an army 
corps." 

227. Public Men. — It has been said that the history of 
any particular period is but " the lengthened shadow of 
some great man's life." This remark is probably more 
applicable to former centuries than to the present time ; 
but there is some truth in it yet. It is hard to imagine 
what this country would have been without Washington, 
Webster, Clay, or Lincoln, or a score of others whose 
names will readily suggest themselves. The commentaries 
of Blackstone in England and of Chancellor Kent in this 
country, the decisions of Marshall and Chase, and the 
forensic eloquence of Choate and Evarts have each con- 
tributed their fair share to our progress. Nor must we 

148 



FORMATIVE INFLUENCES 



overlook Horace Greeley, the great journalist, nor Phillips, 
nor Beecher, the princes of platform orators. 

228. Writers and Inventors. — We must not forget the 
influence exerted by our poets, essayists, historians, and 
novelists. We could never have been what we are now 
had not Longfellow, or Whittier, or Lowell, lived and sung. 
Hawthorne, Irving, and Cooper have each enriched the 
world's literature, and have added to our enjoyment and 
improvement. The marvellous progress in the methods of 
conducting our civil affairs is owing in no small degree 
to those great inventions which have made the names of 
Morse, Whitney, Edison, and Stephenson household words. 
Thousands of others, now nameless, have also contributed 
to our health and happiness by those lesser inventions 
which are everywhere to be found in daily use. 

TOPICAL ANALYSIS 

i. The permanence of our laws. 

2. Amusements vs. Crime. 

3. Influence of industrial conditions upon laws. 

4. Great inventions as a civilizing influence. 

5. Influence of religion upon legislation. 

6. Magna Charta. 

7. The Habeas Corpus. 

8. The Bill of Rights. 

9. The Declaration of Independence. 
10. Our national Constitution. 

n. The Ordinance of 1787. 

12. The Emancipation Proclamation. 

13. Popular expressions. 

14. Public men and their work. 

15. Writers and inventors. 

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QUESTIONS AND EXERCISES 

i. Who said, " Don't give up the ship " ? 

2. What popular amusement in Mexico is a crime in this country ? 

3. Make a list of five great American poets not mentioned in the text. 

4. Which is considered the greatest of Webster's speeches ? 

5. Who wrote "The Battle Hymn of the Republic " ? 

6. What influence for good did the Spanish-American War have 
upon this country ? 

7. What is meant by imperialism ? 

8. What great work did Lord Macaulay write ? 

9. Select by a class vote the five greatest American statesmen in 
their order. 

10. Make a list of inventions which daily contribute to our health. 



150 



XX 

VILLAGES AND CITIES 



229. Historical. — There is a general disposition in the 
human race to form centres of population. Various reasons 
contribute toward this end. In an unsettled condition 
of affairs people unite for mutual protection against a 
common enemy. This will account for the origin of most 
of the cities of Europe, and for many of the early colonial 
settlements. At the present time no such necessity exists ; 
but villages, nevertheless, are constantly springing up, and 
some of them are being developed into cities. The motive 
now is, not mutual protection against an external foe, but 
commercial, social, educational, and religious advantages. 

230. Incorporation. — When for any reason a particular 
portion of the township becomes thickly settled, both public 
policy and the advantage of the inhabitants require that 
this territory should be separated from that adjoining it, 
and given a more or less independent form of government. 
A thickly settled community will find it more desirable, or 
even necessary, to incur expenses which the adjoining 
lands should not be compelled to bear. Nor will the policy 
of the law permit, except by the direct act of the legis- 
lature, and in some states not even then, farming lands to 
be thus burdened with taxes, the benefits of which the 
owners cannot enjoy. (Cooley, Const. Lim., § 500.) 

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TRAINING FOR CITIZENSHIP 



231. How Villages and Cities are Born. — Villages and 
cities are usually incorporated under general statutes, but 
sometimes by special act of the legislature. In most states 
this power has been intrusted by the legislature to sub- 
ordinate bodies, as to the board of supervisors in Michi- 
gan, and to the court of quarter session in Pennsylvania. 
Whatever method is pursued, the proposition to incorporate 
is generally submitted to the people. This is not essential, 
however, as the legislature may force the inhabitants to 
incorporate, if this be deemed advisable. 

232. The Charter. — The charter is the grant made by 
the legislature to the people inhabiting certain territory, 
constituting them a corporation. A township, a village, 
and a city charter (86) differ from each other only in de- 
gree; and often some of the township officers, especially 
in the assessment and collection of taxes, exercise their 
powers within the village. 

233. General Principles. — It will greatly assist you in 
understanding the government of the city and village if 
you will bear three things in mind. First, the general 
features of the township government are found also in the 
village and city, in very many cases the names and duties 
of the different officers being identical. Second, the grant 
of powers to the cities is much more extensive, and includes 
a greater variety of subjects. Third, some of the features 
of the state and national governments are found in the vil- 
lages and especially in the larger cities. 

234. A Cooperative Association. — If you will bear in mind 
that any political organization is, to a certain extent, also a 
business association, in which all the citizens are partners, 
you will be greatly assisted in your study of city govern- 

IS2 



VILLAGES AND CITIES 



ments. When the mayor orders the police to close the 
saloons at ten o'clock, he is acting in a purely political 
capacity; when he signs an ordinance to provide for com- 
mercial lighting, he is merely an instrument for forcing the 
minority of the taxpayers to embark in a business enter- 
prise. When he vetoes an ordinance, he performs a legis- 
lative act. 

235. Identical Features. — On its political side, the gen- 
eral features of the township, the city, the county, and 
even of the state and nation are identical. You will always 
find certain officers whose duties correspond. There will 
be a chief executive in cities, called the mayor, who will 
have the general supervision of affairs; a clerk, sometimes 
called a secretary or recorder, who will have charge of the 
records; and a treasurer, to collect and to pay out money 
and to account for the same. In the township a single 
officer will, unaided, discharge the duties of his office; in a 
city each officer may have several assistants. The resources 
are also derived from taxes, and everywhere, except in the 
nation, mainly from a direct tax. Large sums are also 
collected in many cities from licenses to carry on certain 
kinds of business. 

236. National Features. — In the villages the repre- 
sentative form of government becomes more marked, 
the electors choosing five or six of their number to repre- 
sent them in the village council. When the village 
develops into a city, the territory is divided into wards in 
each of which an alderman is elected to represent the ward 
in the city council. Often also a supervisor is chosen to 
represent the ward in the county legislature. Each ward 
also has a constable. The president of the village or the 

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TRAINING FOR CITIZENSHIP 



mayor of the city, as a rule, has a veto power, which he 
uses to prevent or delay the passage of ordinances which 
he thinks will be detrimental. When the city becomes 
very large, as for example Boston, the council consists of 
two houses. 

237. Ordinances. — The resolutions of the common coun- 
cil are called ordinances. They are not laws in the proper 
sense of the word, that term being strictly applicable only 
to enactments of the legislature. Like the resolutions of 
the township board (95), they are only of a local applica- 
tion and are intended for local benefit. They must be 
authorized by the charter, be reasonable, and cannot, 
unless the charter authorized it, interfere with the laws of 
the state. The business interests of the city are so much 
more extensive than those of the township or village that, 
naturally, the power is given to legislate upon a much 
wider range of subjects. 

238. Subordinate Boards. — As in the township, so in 
the city, a large part of the business is intrusted to sub- 
ordinate boards, or commissions. The members of these 
commissions are usually nominated by the mayor and con- 
firmed by the council, but sometimes they are chosen by 
popular vote. There is a board of health with the same 
general powers as in a township. Besides this you will 
find commissions to which are intrusted the police depart- 
ment, the water works, the parks, the streets, the public 
library, the city hospitals, and other special interests which 
by reason of their importance demand separate boards. 
The board of education, independent or nearly so of the 
city government (102), has charge of the schools. Each 
one of these commissions intrusts the actual management 

154 



VILLAGES AND CITIES 



of the department to a chief, or superintendent, who has a 
more or less numerous body of assistants and employees. 

239. Village Courts. — It is not often that the village 
has any separate court, but all offences arising under 
ordinances are tried before a justice of the peace of the 
township. Generally some particular justice is designated, 
as the one who lives in the village. A village marshal 
acts as peace officer, and sometimes he has the general 
powers given to a constable. 

240. City Courts. — In a city there is usually a court 
established whose jurisdiction is confined entirely to of- 
fences arising under the ordinances. Besides the police 
courts there are often found other municipal courts which 
have both civil and criminal jurisdiction, their purpose 
being to relieve the county courts. The policemen are the 
peace officers of the city, but they are not permitted to 
serve papers in a civil suit, as can the constable or sheriff. 

241. Choice of Officers. — As in the township so in the 
ward, the officers are elected by the direct vote of the peo- 
ple. In a city the representative system is followed. At 
the ward caucus (104) delegates are chosen to the city con- 
vention. Here the mayor, the recorder, the treasurer, a 
justice of the peace, the comptroller, the police judge, and 
any other elective officer is put in nomination. Generally 
these officers serve two or more years ; but their terms of 
office are so arranged that some expire each year. An 
annual election is thus necessary, which usually occurs 
in the spring, to correspond with the township election. 
Each ward has one or more polling places, called election 
precincts, the vote in each being forwarded to an election 
commission, which canvasses them and announces the result. 

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242. Modern Tendencies in City Governments. — No prob- 
lem in the administration of public affairs presents greater 
difficulties than does the government of a great city. In 
the less thickly populated communities the evil elements 
are kept under control to a large extent by a vigorous 
public sentiment (5). A thoroughly bad man becomes less 
dangerous because his wicked disposition soon becomes 
known, and people avoid him, for not to do so would 
render them unpopular. In large cities there are more 
bad people and they are bolder ; they bid defiance to 
the laws both secretly and openly; they even get them- 
selves elected to the city council, and make bad laws with 
a view to their own profit. The committee system of legis- 
lation (341) is a fruitful source of iniquity, for it is difficult 
to fix responsibility. Very many city charters give the 
mayor little authority, but confer it upon the council, where 
it is shifted to the committees, and no one will admit any 
responsibility for any abuse of power. New York, Chicago, 
Philadelphia, and other large cities have sought to remedy 
this by giving the mayor almost unlimited authority, and 
then holding him responsible for the proper use of it. This 
method is more in accordance with the principles of a mon- 
archy ; but great evils demand strong remedies. 

TOPICAL ANALYSIS 

1. The causes which produce cities and villages. 

2. Necessity for incorporation. 

3. Methods of incorporation. 

4. Village and city charters. 

5. Three principles which underlie municipal government. 

6. The city as a business association. 

7.' Points of resemblance in municipal organizations. 

.56 



VILLAGES AND CITIES 



8. Features borrowed from the state and nation. 

9. Local laws. 

10. Subordinate boards and their powers. 

11. City courts; village courts. 

12. Choice of officers. 

QUESTIONS AND EXERCISES 

1. Should a city own its electric lighting plant ? 

2. Should policemen be appointed by the city council or elected by 
the people ? 

3. What is meant by a boodler ? 

4. In what way can a good mayor advance the interests of a city ? 

5. What is the principle of gregariousness ? 

6. Why should cities be incorporated under a general law rather 
than by a special act of the legislature? 

7. Procure a copy of a city or village charter and learn therefrom 
the duties of the mayor. 

8. Should the mayor of a city have the power to appoint and re- 
move officers without the consent of the council? 

9. What advantage is there in having a mayor appointed by the 
council ? 

10. What do you understand by " fire limits " ? 



157 



XXI 

THE COUNTY — ITS LEGISLATURE 



243. The English County. — " The civil division of the 
territory of England," says Blackstone, "is into counties, 
of these counties into hundreds, of these hundreds into 
tithings or towns. As ten families of freeholders (129) 
make up a town or tithing, so ten tithings compose a 
superior division, called a hundred, as consisting of ten 
times ten families. An indefinite number of these hun- 
dreds make up a county or shire." The head man of the 
shire was at first styled an elderman, or alderman ; after- 
ward the shire-reeve or sheriff appeared as the special 
representative of the king (272). The hundreds were the 
basis of the township. 

244. The New England County. — The New England 
County was originally a number of towns united for judicial 
purposes. The towns were settled by church societies, 
composed of people of moderate means, or poor, united for 
common defence against the Indians, deeply religious, scru- 
pulously honest, and obliged to labor with their hands for 
their daily bread. The life of the community was in the 
town and in its religious organizations. In New England 
the county is still of small consequence, it being a judicial 
district, and a highway district, and little more. 

158 



THE COUNTY — ITS LEGISLATURE 

245. The Southern County. — In the Southern colonies 
the county was the political unit (77). The early emigrants 
were content with the formalities of the English church ; 
large plantations instead of small farms were the rule, and 
a numerous body of slaves took the place of the sturdy 
yeomanry of New England. The long distances which the 
great majority had to travel to reach the county seat, to- 
gether with the expensiveness and difficulty of the trip, 
made it impracticable for the smaller planters to attend the 
county meetings. Thus the government assumed the form 
of an aristocracy instead of a democracy, as in the North. 

246. The Compromise County. — The tendency of peo- 
ple to carry their local ideas with them (214) caused the 
counties in the newer states to assume a form which was 
a compromise between the Northern and the Southern 
systems. In Ohio the county overshadows the township ; 
while in Michigan the counties, though important, do not 
interfere to any great extent in merely local affairs. A 
study of the compromise county as found in Michigan 
will enable any one to learn readily by comparison the 
essential features as found in other states. 

247. Definition of a County. — A county is a political 
division of a state, consisting of several townships united 
to assist in local government, and for judicial purposes. 
It is a public corporation (76), and as such can bring suit ; 
but it has no common law powers (24), and can be sued 
only where the statute permits. It can purchase and hold 
real estate for the use of the county, borrow money, and 
do all other acts in relation to the property and concerns 
of the county, where the power is directly given, or may 
fairly be inferred from the statute. 

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TRAINING FOR CITIZENSHIP 



248. Size and Boundaries. — Counties vary greatly in 
size, being larger in the Southern and Western states than 
in the Northern and Eastern. Rhode Island with 1085 
square miles has five counties ; while South Carolina with 
3400 square miles has thirty-three. In Michigan every 
county must have at least sixteen townships ; but any city 
having a population of 20,000 may be organized into a 
county. In the new states the boundaries are regular, fol- 
lowing the lines of survey ; but in the original states they 
are irregular, being composed of towns which often have 
natural boundaries (75). 

249. The County Seat — The place where the official 
business of the county is transacted is called the county 
seat. Here the county courts hold their sessions; here 
the public buildings are located, and here certain of the 
county officers are required to reside, and to keep their 
offices open for the accommodation of the public. As the 
majority of those who have business to transact are obliged 
to visit the county seat, its location is of considerable im- 
portance to property owners. In the first instance its site 
is usually determined by the legislature ; but it can be re- 
moved only by a vote of the people, when the question 
of removal has been properly submitted to them. 

250. The Board of Supervisors. — In some of the states 
the county legislature consists of representatives from vari- 
ous localities, and with limited powers ; in others, legis- 
lative authority is intrusted to a board of from three to 
seven members, elected from the body of the county. In 
most states, perhaps, the county legislature has the official 
title of board of supervisors ; in some, of board of county 
commissioners ; and in a few, of court of quarter ses- 

160 



THE COUNTY — ITS LEGISLATURE 

sions. In Michigan and Illinois the board of supervisors 
consists of one member from each township, who is thus 
both a township and a county officer. The cities are also 
entitled to representation upon the board. There is an 
annual meeting of the board, and such special meetings 
as may be found necessary; but the number of days for 
which each supervisor can draw pay for services rendered 
the county is limited by law. In states having the county 
system the supervisors are usually paid a salary, and an 
allowance is made for travelling expenses. 

251. The Judicial Powers of the Board. — The board of 
supervisors is authorized to sell, purchase, and lease real 
estate, and to erect buildings thereon ; to raise by tax, or 
by loan, money for county purposes, and to provide for 
the payment of the same ; to fix the compensation of 
county officers, and to determine the value of any ser- 
vices that may have been rendered the county, which 
determination is final. This board also provides jails, 
courthouses, and all necessary public buildings, and keeps 
the same in repair. It also equalizes the valuation of the 
townships and cities as fixed by the assessing officers and 
boards of review. 

252. The County Charter. —The act in accordance with 
which the county was organized, and the provisions of the 
general laws as modified by court decisions (86), constitute 
the charter of the county. The county government is 
considered a part of the state government, and a county 
debt created by authority of the law is regarded for the 
purposes of collection as a part of the state debt. In the 
same manner as there is no remedy against the state, so 
there may be none against the county. The state cannot 

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be sued except by its own consent ; nor can the county be 
sued unless the state permits it. In such a case the cred- 
itors of a county have nothing to rely upon except the 
good faith of the county. 

253. Subordinate Boards. — In addition to the board 
of supervisors there are various boards, or commissions, in 
the county which receive their power directly from the 
legislature, but which are made more or less subordinate 
to the principal board. Such are the poor commission, 
the board of auditors, where one is found, bridge commis- 
sions, jury commissions, and the like. In the New Eng- 
land, and in many of the compromise counties, the care of 
the ordinary roads and bridges, of the health, and some- 
times even of the poor, is left to the township. 

TOPICAL ANALYSIS 

i. Composition of the English county. 

2. The nature of the New England county. 

3. The aristocratical nature of the Southern county. 

4. The compromise county. 

5. Definition of a county. 

6. Size and boundaries of counties in different states. 

7. Location and removal of the county seat. 

8. The county legislature. 

9. Judicial powers of the board of supervisors. 

10. The county charter. 

11. Duties of subordinate boards. 

QUESTIONS AND EXERCISES 

1. From the statutes of this state make a list of the judicial powers 
of the chief legislative body in the county. 

2. Give some reasons why a tax should be levied to build substan- 
tial and even elegant county buildings. 

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THE COUNTY — ITS LEGISLATURE 

3. Write a resolution to be submitted to the board of supervisors for 
the removal of the county seat. 

4. Prepare the ballots for levying a tax to build a bridge. 

5. How many supervisors are there in this county ? 

6. What advantages would a board of three supervisors have over 
a board of thirty ? 

7. How many square miles are there in this county ? 

8. How many counties are there in this state ? 

9. Can a member of the board of supervisors make a lawful contract 
with the county for supplies ? 

10. Debate the following question : — 

" Resolved that the county legislature should consist of representa- 
tives elected from townships." 



163 



XXII 

POLITICAL MACHINERY — CAUCUS AND PRIMARY 



254. Political Parties. — A political party may be de- 
fined as a combination of electors, holding similar political 
views, and organized for the purpose of controlling the 
policy of the government. People vary in their opinions 
as to the best methods of conducting public affairs, and 
perhaps no two persons who think independently will 
agree perfectly upon any one course. As it is impossible 
for every man to have his own way in all respects, each 
modifies his views a little to suit those of another, and 
finally a large number are able to stand together. 

When such an agreement has been reached it is gen- 
erally reduced to writing, and is called a " platform." 
This platform is a statement of the course which a polit- 
ical party promises to pursue in administering the affairs 
of the government. Each subject touched upon in the 
platform is called a " plank." The number of political 
parties which can be formed is unlimited ; but usually 
there are four or five. For years there have been in this 
country two great political parties, the Republican and the 
Democratic, and the great mass of voters have belonged 
to one or the other of them. 

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POLITICAL MACHINERY 



255. The County Committee. — The interests of each 
political party in the county are looked after by the 
county committee. This consists of one or more members 
from each township, and from each ward in the cities, the 
number being determined and the members elected by the 
county convention. Its officers are a chairman, a secre- 
tary, and a treasurer. It is the duty of this committee to 
keep well informed as to the party strength in the county, 
to ascertain the policy to be pursued as mapped out by 
the party leaders in the state and in the nation, to fix 
upon the place and the date for holding any county con- 
vention, to collect and disburse funds for defraying the ex- 
penses of the campaign, to procure and give out political 
literature, and to assign dates, places, and secure speak- 
ers for the holding of political meetings. During the po- 
litical campaign the county committee always establishes 
its headquarters at the county seat, where any member of 
the party is welcome, and where the returns are sent from 
each precinct on the night of the election. The organiza- 
tion is so complete that, except when the vote is very 
close, each candidate for a county office knows his fate on 
the morning following the election. 

256. Township and Ward Politics. — In the nomination 
and election of its officers the county makes use, as far as 
possible, of the machinery of the township. By virtue of 
his office the member of the county committee is usually 
considered as the party leader in the township or ward. 
It is his duty to become informed as to the party strength 
in the township or ward ; and to accomplish this he should 
himself know, or have the means of ascertaining, the polit- 
ical preferences of every voter. When there is but one 

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TRAINING FOR CITIZENSHIP 



precinct in his district, this work of gathering information 
can be done by one person ; but sometimes there are a 
large number of precincts, with several thousand voters, 
and then the leader must have a well-trained body of 
subordinates to assist. The township member also calls 
caucuses and primaries for the selection of delegates to 
the county convention, makes the local arrangements for 
political meetings, sees that the political literature sent out 
by the county committee is placed in the hands of the 
individual voters, distributes the money sent him by the 
county committee where it will do the most good, sends in 
the returns on the night of election, and attends the meet- 
ings of the county committee. 

257. A Political Caucus. — A caucus was originally a 
conference between the members of a party, either to de- 
cide upon measures to be adopted, or to select candidates 
for offices to be filled (104). An excellent illustration of 
the first kind may be found in the Boston caucus which 
decided that the British must rule both regiments or none. 
When the chief purpose is to select candidates for offices, 
it may be called a political caucus. The word " caucus " is 
said by some authorities to have been derived from the 
name of a Mr. Calkins, who kept a corner grocery in 
Boston where such meetings were held. Others derive it 
from the Caulkers' Union, an organization which was very 
successful in electing its candidates. The proceedings of 
a political caucus are always very informal. A chairman 
and a secretary are appointed, a ballot-box is provided, 
tellers are selected to receive and count the ballots, and 
the results are announced by the chairman and recorded 
by the secretary. 

166 



POLITICAL MACHINERY 



258. Political Clubs. — A natural outgrowth of the 
county committee and the caucus system is the political 
club. For a party to succeed in an election, its organiza- 
tion must be kept up during the whole year. In the town- 
ships, villages, and cities of moderate size, occasional 
meetings of the committee will do until a few weeks 
before the election, when they must be more frequent; 
but in the larger cities this is not sufficient, and each 
of them has one or more political clubs, the influence 
of which is a determining factor in all elections. If the 
primary purpose of the club were to educate the voters in 
the principles of the party, the organization would be a 
valuable one ; but while this is no doubt accomplished to 
a certain extent, the main purpose is to secure possession 
of the offices for the sake of profit, which is quite another 
thing. The members of the club are too often bound to- 
gether, not by a sentiment of patriotism, but by a desire 
for gain ; and, through the influence of this spirit, politics 
descends from a noble profession to a disreputable trade. 
The officers who compose this club are sometimes called a 
"ring," and the chief officer a "boss." 

259. The Primary. — A primary is a meeting held by a 
political party in each precinct, the simplest political divi- 
sion, for the nomination of officers or delegates. There is 
a distinction between a caucus and a primary, and when 
both are used the former is held to prepare a list of names 
to be submitted at the primary, from which either the offi- 
cers or the delegates are to be chosen. This list is com- 
monly called a "slate." Often, however, no caucus is 
held, and two or more slates are prepared by individuals. 
It is generally the case that those whose names are upon 

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an individual slate are pledged to carry out the wishes of 
the slatemaker. 

260. Holding a Primary. — Sometimes the method of 
organizing and conducting a primary is carefully pre- 
scribed by laws of the state. When, however, the law is 
silent upon the subject, the method may be somewhat as 
follows : the primary is called to order by the township 
or precinct committeeman, or by the chairman of this com- 
mittee, if there be more than one member, who states the 
purpose of the meeting. The chairman, a secretary, and, 
if the vote is to be by ballot, two tellers, are usually ap- 
pointed by the voters. 

The ballots are now distributed, the voters mark their 
preferences, and the tellers collect and count the ballots. 
Instead of using printed ballots, the vote may be taken 
viva voce, by a show of hands, or by a division of the 
house. Whatever method may be used, the secretary 
announces the results, and the chairman declares the one 
having the highest number to have been chosen. If the 
purpose of the primary be to nominate township officers, 
the vote for each is taken separately ; but if it be to choose 
delegates to a county convention, usually all are voted for 
at the same time. The secretary now writes out a clear 
statement of the results of the primary, which he signs, as 
does also the chairman. If an election is to be held, this 
statement is given to the proper officers, and the names 
are placed upon the official ballots. If delegates are 
chosen to the county convention, this statement is given 
to the chairman of the delegation, and constitutes the 
credentials. 

261. Ratio of Representation. — Several days before any 

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POLITICAL MACHINERY 



county convention, the committee is called together by its 
officers, and a date is set for the holding of the convention. 
Before this date arrives, a caucus, or a primary, or both, 
is called in each ward and in each township for the nomi- 
nation of delegates to the county convention. The num- 
ber of delegates to which each ward and township is 
entitled is found by dividing the whole party vote for gov- 
ernor at the last election by a certain number, say thirty, 
as determined by the county committee. This number is 
called the ratio of representation. An additional delegate 
is given when the number left after dividing is greater 
than one-half of the ratio, and every township or ward is 
entitled to at least one delegate. 

262. Delegates. — A delegate may be defined as an 
agent chosen by a certain number of voters to represent 
them at a convention. Just as an agent's power is lim- 
ited by the instructions of his principal, so the voters who 
select the delegates may limit their powers by passing 
proper resolutions. If this be not done, each delegate 
may exercise his own judgment and vote as he pleases. 
Quite often, however, all the delegates from a particular 
township or ward will vote as a unit, as this course will 
give the delegation more influence. For the nomination 
of township or precinct officers, the primary is the only 
meeting necessary; but all the elective officers of the 
county are nominated in the convention. 

263. Alternates and Proxies. — It often happens that 
one or more of the delegates selected does not care to go 
to the county convention, and some one else fills his place. 
This substitute is called a proxy. Sometimes each dele- 
gate is allowed to appoint his own proxy, but more often 

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proxies are chosen by the delegation. Occasionally, two 
sets of delegates are selected, the second being called 
alternates, to serve in case any of the principal delegates 
are absent. 

TOPICAL ANALYSIS 

i. A political party ; a platform ; a plank. 

2. Composition and organization of the county committee. 

3. Township and ward politics. 

4. A political caucus ; derivation of the term. 

5. Political clubs ; Tammany. 

6. Definition of a primary ; a slate. 

7. Holding a primary. 

8. Ratio of representation. 

9. Delegates. 

10. Proxies and alternates. 

QUESTIONS AND EXERCISES 

1. In New England the merits of candidates are discussed in open 
caucus. Is the rule a good one ? 

2. Should delegates be instructed to vote as a unit ? 

3. Ought a voter who has attended a caucus always to be bound by 
its action ? 

4. What is " repeating " ? 

5. Look up the derivation of the word " Tammany." 

6. What is a " packed " caucus ? 

7. Explain the term " ward heeler." 

8. Attend a caucus and see how the method of conducting it differs 
from that described in the text. 

g. Why not vote for candidates at the primary and dispense with 
the convention ? 

10. Debate the following: — 

"Resolved that the convention system of nominating candidates 
should be confined to state and national officers." 



170 



XXIII 



POLITICAL MACHINERY — CONVENTION AND 
ELECTION 



264. The Convention. — At the time and place ap- 
pointed, the chairman of the county committee calls the 
convention to order, states the purpose, and asks the 
further pleasure of the meeting. Sometimes the county 
committee selects the temporary chairman and secretary ; 
but often the convention chooses even the temporary offi- 
cers. The next step is the appointment of a committee 
upon organization and order of business, a second on cre- 
dentials, and a third on resolutions. Sometimes the com- 
mittees are appointed by the chairman, and sometimes by 
a vote of the delegates, the number being determined by 
the convention. 

A short recess is now taken to enable the committees 
to make up their reports. It sometimes happens that the 
convention does not wish to take a recess, but will fill in 
the time by listening to speeches. This affords a really 
fine opportunity for a good orator to make his mark. His 
audience is sympathetic, the topic is of his own selection, 
and if he handles it skilfully, it will make him popular with 
his party and pave the way for future favors. 

265. Committee Reports. — After the appointment of the 
committees they will usually retire to separate rooms to 

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prepare their reports. The chairmen of the several town- 
ship, ward, or precinct committees will now hand their 
credentials to the credential committee for inspection. If 
they be regular on their face, and there be no contest, the 
list of delegates upon each set will be accepted. There 
may, however, be a contesting delegation, in which case 
the committee will recommend the acceptance of the list 
which seems best entitled to it. 

The committee upon organization and order of business 
will recommend a plan for conducting a convention sub- 
stantially as follows : — 

i. That the temporary officers be made permanent. 

2. That the report of the committee upon credentials be next 
considered. 

3. That the convention shall then proceed to vote for the nomi- 
nation of candidates for the various offices, prescribing the order. 
If it be a delegate convention, then the recommendation will be 
to vote upon the list of delegates. 

4. Report of the committee upon resolutions. 

5. Appointment of new county committee. 

6. Adjournment. 

266. Real Work of the Convention. — When the com- 
mittees are ready to report, the chairman calls the con- 
vention to order, and the report of the committee upon 
organization and order of business is heard and acted 
upon. It is generally accepted, but, like any other report, 
may be amended. The chairman now thanks the conven- 
tion for the honor conferred upon him, and the business is 
then transacted according to the plan laid down by the 
committee. The body of rules which guide the chairman 
in presiding over the convention is called " Parliamentary 

172 



POLITICAL MACHINERY 



Law." These rules had their origin in the British House 
of Commons, or Parliament, hence their name. They are 
essentially the same for all deliberative assemblies, and a 
good knowledge of, and some practice in, applying them is 
essential to make a successful presiding officer. 

267. Nominations by Petition. — A little experience in 
the actual workings of the caucus and convention systems 
of nominating officers will convince one that there are 
serious objections to it. It requires the expenditure of a 
large amount of time on the part of the delegates and 
members of the committee, involves an outlay of consider- 
able money, and, worse than all, offers an opportunity for 
the use of unfair means to accomplish selfish purposes. 
To avoid these evils several methods have been tried, that 
by petition or " nomination papers " being, perhaps, the 
most satisfactory. This method provides that a candidate 
may be put in nomination by filing with the proper officer 
a petition to that effect, signed by a specified number of 
qualified voters. This number varies in different states. 
In Iowa there must be at least five hundred for a state 
office, twenty-five for a county, district, or other division 
less than a state, and ten in a city, town, precinct, or ward. 
The nomination papers must be filed with the same officers 
as in the case of certificates from caucuses, primaries, or 
conventions. The minimum time limit for filing in the 
different states is from three to thirty-five days, and the 
maximum from forty to one hundred days, sixty days being 
the most common. 

268. The Campaign. — After the nominations are made, 
each party puts forth every effort deemed necessary to 
secure the election of its candidates. At the fall elections, 

173 



TRAINING FOR CITIZENSHIP 



which in most states are held on the first Tuesday after 
the first Monday in November, there is usually much more 
activity than when the election is held in the spring. This 
is especially true every four years, when both national and 
state elections are held at the same time. In addition to 
what the county committee may do, each candidate is sup- 
posed to look out for his own interest, and the newspapers 
take a very active part. All this costs money, which is 
secured by an assessment upon each candidate and by 
voluntary contributions. 

269. The Election. — Upon such a day as the laws of 
the state direct the election is held in each township and 
ward precisely in the same manner as in the case of the 
township election (104-113). Within a certain number of 
days after the election has been held the township clerk, 
or some other officer designated by law, must file with the 
county clerk the returns for his township or ward. 

270. Canvass of Votes. — At a time specified by law the 
county board of canvassers meets at the county seat, in- 
spects the returns, enters the results in the records, and 
issues a certificate of election to the successful candidate. 
If there be no contest, the work of the board of canvassers 
is merely clerical. But where the results are close, the 
candidate who, upon the face of the returns, is defeated 
often demands a recount. The ballots are then sent for 
and brought from all the election precincts, and each set 
is carefully inspected to see that no error has been made. 
The decision of the board of canvassers may be appealed 
from, and sometimes the question is not settled until the 
highest court in the state has passed judgment upon 
it. The board of canvassers is variously constituted. In 

! 74 



POLITICAL MACHINERY 



Michigan it consists of three members appointed by the 
board of supervisors. 

TOPICAL ANALYSIS 

i. Calling the convention to order; appointment of com- 
mittees. 

2. Reports of committees. 

3. Real work of the convention; Parliamentary Law. 

4. Nomination papers. 

5. The campaign. 

6. The election. 

7. Canvass of votes. 

QUESTIONS AND EXERCISES 

1. Organize your class into three or more wards, townships, or pre- 
cincts, and hold a primary in each (a) for the purpose of nominating 
local officers, (6) to send delegates to a county convention. 

2. Combine these sets of delegates into a county convention and 
hold it. 

3. Elect delegates to a state convention with three or more counties 
represented. 

4. Elect delegates to a national convention with three or more states 
represented. 

5. Give the name of a member of the county committee of either 
party. 

6. Who is the chairman of the state central committee of any party ? 

7. Why is it dishonorable to vote at a primary if you do not belong 
to the party holding it ? 

8. What great party has a two-thirds rule in its national conven- 
tion? 

g. To how many delegates in the national Republican convention 
is this state entitled ? How many in the Democratic ? 



175 



XXIV 

ADMINISTRATIVE OFFICERS 



271. Kinds of Officers. — An office has been defined as 
a special charge or trust created by competent authority. 
An officer is distinguished from an employee in the greater 
importance, dignity, and independence of his position, in 
being required to take an oath and perhaps to file a bond, 
and in the tenure of his position. A constitutional office 
is one provided for by the constitution of the state or 
nation. A ministerial officer has a line of conduct marked 
out for him, and has nothing to do but to follow it. A 
public office is an agency of the state, and a public officer 
is one whose duty it is to perform that agency. Execu- 
tive or administrative officers are those whose duties are 
merely to execute the laws. 

272. The Sheriff. — At the head of the administrative 
officers of the county stands the sheriff. The office is 
one of great antiquity, the term being derived from two 
Saxon words meaning the reeve or officer of the shire 
(243). As in England the sheriff has always done all of 
the king's business in the county, so in this country he is 
the business officer of the state. In this capacity he gives 
notice to the election officers of the date when the choice 
of state officers will be made ; is the proper agent to pro- 
cure the ballots in cases of disputed elections, and some- 

176 



ADMINISTRATIVE OFFICERS 



times acts upon the board of canvassers. As the chief 
police officer he is called upon to quell riots ; may call 
out all the male citizens above fifteen and under forty-five 
years of age to assist ; and, in case it is necessary, the state 
militia is also placed under his command. He also has 
charge of the jails and takes care of the prisoners. In 
England he holds his office at the pleasure of the king, 
and generally for a long period ; but with us his term of 
office is limited. 

273. Sheriff's Assistants. — The sheriff is looked upon 
as the responsible officer, and gives a bond for the faithful 
performance of his duty. He is, however, required to 
appoint an under-sheriff, and also several other assistants 
called deputy sheriffs. Each one of these must give a 
bond to the sheriff as their superior, and are liable to 
removal at his pleasure. These assistants act under the 
direction of the sheriff, or in case of his absence from the 
county ; but the official act of any one of them is con- 
sidered the act of the sheriff, and in case he is disqualified 
to act, the coroner, or some other officer, not one of his 
assistants, takes his place. 

274. County Clerk. — The county clerk has the same 
general relation to the government as the township clerk 
has to the township government (90). He is clerk of the 
board of supervisors, and, as a rule, of all the other county 
boards and commissions ; he countersigns all orders drawn 
upon the county treasurer ; issues marriage licenses, keeps 
a record of births and deaths and keeps on file all reports 
of the county officers. All official communications from 
the state officers to the township clerks are made through 
him. 

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TRAINING FOR CITIZENSHIP 



275. The Treasurer. — The county treasurer, as the 
custodian of the county funds, must give heavy bonds, and 
usually can hold his office for only two successive terms. 
Under the township unit system he receives the money 
due the county and state (91), and forwards to the latter 
its share ; distributes to the treasurers any money due their 
townships ; and forces the collection of unpaid taxes by a 
sale of the property, if necessary. Under the county unit 
system the last mentioned duties are performed by a tax- 
collector. 

276. Register of Deeds. — It is the duty of the register 
of deeds to enter upon books prepared for that purpose 
a copy of all deeds and real estate mortgages upon the 
lands of his county. These books contain a complete his- 
tory of the titles to all the lands in the county. By means 
of abstracts (136), and from the indexes contained in the 
books themselves, the history of any particular description 
may be found. 

277. Superintendent of Schools. — In the majority of the 
states there is elected in each county a superintendent of 
schools. It is his duty to hold public examinations and to 
issue certificates to those whom he finds qualified to teach ; 
to hold institutes ; to consult with school officers, and to 
make such reports to the state superintendent and to the 
county clerk as are required by law. Often he is assisted, 
especially in the examination of teachers, by two or more 
persons, who, together with the superintendent, form the 
county board of school examiners. This board is usually 
given the power to revoke certificates for any reason that 
would have justified them in withholding one. In most 
states women are also eligible to this office. 



178 



ADMINISTRATIVE OFFICERS 



In addition to what may be called his purely profes- 
sional work, the county superintendent in some of the states 
has other services of a very important business nature. 
In California, Arizona, and generally where the county is 
the unit (83), he audits accounts against school districts ; 
appoints trustees to fill vacancies ; apportions its share of 
the school money to each district ; maintains the school in 
each district for five months when the school board fails to 
do so ; requires the trustees to keep the schoolhouse and 
outbuildings in good repair and sanitary condition, and 
administers oaths to teachers and school officers. In Ken- 
tucky he is required to condemn any school building which 
is dilapidated, un healthful, or otherwise unfitted to be occu- 
pied for the purpose of a common school. 

278. Other Administrative Officers. — The coroner is an 
ancient officer of the crown, whose principal duty is to 
investigate the circumstances connected with deaths by 
violence, or when there is any suspicion of violence. In 
this capacity he acts as a judge, and the facts are inquired 
into by a jury which he is authorized to summon. In 
Michigan he takes the place of a sheriff when for any 
reason that officer is disqualified to act. In many of the 
states there is an officer called a public administrator, 
whose duty it is to take charge of the estates of deceased 
persons who have no heirs or devisees in the state. 

A surveyor lays out and establishes the grades of high- 
ways ; a drain commissioner looks after the construction 
and repair of ditches for removing surplus water from 
swamp lands ; while in the arid states overseers are 
elected to construct irrigating canals, to regulate their 
use, and to apportion and distribute the water conveyed. 

i79 



TRAINING FOR CITIZENSHIP 



TOPICAL ANALYSIS 

i. Officers and offices. 

2. Administrative duties of the sheriff. 

3. The sheriff's assistants. 

4. The county clerk. 

5. The county treasurer. 

6. The register of deeds. 

7. Superintendent of schools. 

8. Other administrative officers : coroner, public 

administrator, surveyor, etc. 

QUESTIONS AND EXERCISES 

1. Suppose a fire should destroy the books in the register's office, 
how might this affect you ? 

2. How many grades of certificates are issued by the county board 
of examiners? 

3. Why must every teacher in the public schools have a legal cer- 
tificate ? 

4. Who can arrest the sheriff in this county ? 

5. Can a justice of the peace perform the duties of a coroner in this 
state ? 

6. Does the county clerk have a seal ? 

7. How many successive terms can a sheriff serve in this state? 

8. If an abstract shows no flaw in the title, are you certain there 
is none ? 

9. Give the name of any other county officer. 

10. Has the county superintendent in this state enough power ? 



80 



XXV 

THE COUNTY COURTS 



279. Necessity for County Courts. — One of the chief 
purposes of the county organization is the better adminis- 
tration of justice, and in some states this is about the only 
object (247). This, however, is very important ; for we 
should have scant security for person or property if suits 
involving large sums, and criminal actions where long 
terms of imprisonment are inflicted, were to be settled 
finally in the township courts, where the justices them- 
selves are for the most part unlearned in the law. The 
resources of the township are too slender and the amount 
of business too small to maintain expensive suits in the 
courts, even if a sufficient number of learned judges could 
be found to preside over them. 

280. Circuit Courts. — In all the states there are to be 
found county courts, variously called circuit, district, supe- 
rior, and courts of common pleas, for the trial of the more 
important causes both civil and criminal, and to which 
appeals may be made from the decisions rendered in the 
township courts. Sometimes, as in Ohio, the civil and 
criminal causes are intrusted to separate courts. Courts 
are commonly divided into those of record and not of 
record, the former being provided with a seal and a clerk, 
the latter having neither. In courts of record the proceed- 

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TRAINING FOR CITIZENSHIP 



ings are carefully written down, and the files of each case 
are preserved by the clerk to be referred to when necessary. 
A court of record has power to inflict a fine and imprison- 
ment for a contempt of its authority. County courts are 
generally of record ; townships courts are not. 

281. Probate Courts. — Besides the ones already men- 
tioned there is often a probate court presided over by a 
separate judge. It is usually called a probate court, some- 
times the county court, and in New York the surrogate. 
In California the superior judge of the county has charge 
of the probate. The chief duty of this court is to care 
for the estates of deceased persons ; to see that each 
claimant, whether an heir or a creditor, receives what is 
legally due, and to protect the widow and appoint a guar- 
dian for any child, weak-minded or insane person that may 
need some one to care for his estate. If the deceased left 
a will, an executor is appointed ; if there was no will, the 
person is said to be intestate, and the judge appoints an 
administrator. Insane persons are also examined by a 
commission chosen by the probate judge. In addition to 
probate matters, this court is sometimes given a limited 
jurisdiction in civil and in criminal cases, and in some states 
the probate judge acts as superintendent of schools. An 
appeal lies from the probate to the circuit court. 

282. Law and Equity. — There is also a distinction be- 
tween a court of law and a court of equity, or, as it is 
sometimes called, a court of chancery. In a court of law 
the cause must be decided according to the strict require- 
ments of the statute ; but as this often defeats the real 
intent, a court of equity will, in some instances, disregard 
the strict letter of the law and grant relief. For example, 

182 



THE COUNTY COURTS 



if a man should borrow a sum of money and give a deed 
of his homestead for security, as a matter of strict law 
the one who held the deed would own the land. But in 
the court of equity this instrument, which upon its face is 
a deed, would be considered a mortgage, and, before pos- 
session could be taken, the grantee would have to fore- 
close (135). Sometimes courts of law and courts of equity 
are presided over by separate judges, often by the same 
judge, and in some states the distinction is abolished. 
The final action of a court of law is called a judgment 
(184); that of a court of equity is termed a decree. 

283. Jurisdiction. — In civil matters the circuit courts are 
given original jurisdiction (177), where the debt or damage 
exceeds $100; and in criminal cases, whenever the punish- 
ment for the offence is imprisonment for more than ninety 
days, or a fine of over $100 (187). When the amount of 
the debt, or the damage claimed, is between $100 and $300, 
the plaintiff can bring a suit either in the township or in the 
county court if he sees fit. In this case the jurisdiction is 
said to be concurrent. The orders of the justice of the 
peace cannot as a rule be enforced outside of the county in 
which they are issued; the orders of the county court are 
valid anywhere in the state. 

284. The Grand Jury. — There are two kinds of juries in 
the circuit courts, — grand (large) and petit (small). The 
grand jury consists of not less than twelve nor more than 
twenty-three men, drawn from various parts of the county. 
This jury does not actually try causes, but examines into 
charges submitted by the judge, and determines whether 
there is reasonable ground to believe the accused to be 
guilty of the crime charged in the indictment, or accusa- 

>«3 



TRAINING FOR CITIZENSHIP 



tion (188). If at least twelve of the grand jury think there 
is sufficient ground, the words " a true bill" (193) are 
indorsed upon the indictment, and the accused must stand 
trial. As no evidence is heard in favor of the accused, 
grand juries are little used in some states, their place being 
supplied by the preliminary examination of the justice of 
the peace. 

285. The Petit Jury. — For the actual trial of causes the 
petit jury is employed. It consists of twelve electors who 
reside in different portions of the county, there being two 
panels, or twenty-four jurors in all, drawn each term of 
court, and who serve during the whole term. Upon the 
trial of any cause the jurors are subject to the same 
objections as in the township court (176), and if twelve in- 
different men cannot be found among those summoned, 
talesmen are chosen. The verdict must be unanimous in 
criminal cases ; but in civil cases in some states a greater 
or less majority decides. 

286. Supervisory Powers. — Besides his duties in the 
trial of causes, the circuit judge may exercise supervision 
over township boards, county boards, and all public officers. 
Any proceeding had before a township or county board can 
be reviewed before the circuit court ; and if for any reason 
the business has not been legally performed, it may be set 
aside. In the same way if there be any reason to suspect 
that a public officer has exceeded his powers, or has violated 
the law, he may be punished in this court. Offences of 
this kind may be inquired into upon complaint of any pri- 
vate person, or the judge may order the summoning of 
the grand jury for that purpose. 

287. Appeals. — From the decisions of the county court 

184 



THE COUNTY COURTS 



upon questions of law either party may appeal to a higher 
court (185). This is not the case as to questions of fact, 
for as to the facts the decision of a jury, or of the judge 
when there is no jury, is final. It is the application of the 
law to the facts and the admission or rejection of testimony 
that may be appealed from. The number of courts to which 
an appeal can be made from the county courts differs in the 
states, there being one in Michigan called the supreme 
court, and two in New York, the supreme court and court 
of appeal, the latter being the higher authority. 

288. Error. — A writ of error is a command issuing from 
the appellate court, directed to the inferior court, and 
ordering the judge either to examine the record to see if 
there be not some mistake in fact by reason of which the 
judgment ought to be set aside ; or to send the record to 
the appellate court to see if there has not been some mis- 
take in law by reason of which justice would be defeated, 
if the judgment should be allowed to stand. If the 
decision should be against the validity of the judgment, 
it will either be set aside, or a new trial ordered, or the case 
will be dismissed entirely. In no event will a new trial 
be granted unless the protection of substantial rights re- 
quire it. 

289. Mandamus. — This is a Latin word meaning "we 
command you." It is directed to some person, corporation, 
or inferior court, requiring them to do something which it 
is their duty to perform, but which they are neglecting. 
It is by the use of this writ that courts oblige public 
officers to discharge the duties of their offices. If they 
refuse to perform an act which the law clearly requires, 
the superior will compel obedience. 

185 



TRAINING FOR CITIZENSHIP 



290. Injunctions. — The writ of injunction is a judicial 
order whereby a party is personally required to refrain 
from doing, or to perform a particular act, as to which the 
party asking the injunction has a clear right. It generally 
prevents rather than restrains, but may do either. Armed 
with a writ of injunction, an officer can prevent a man 
from making an inflammatory speech, can disperse a mob, 
or require a person to retain possession of securities which 
are claimed by another. 

291. The Circuit Judge. — The highest judicial officer 
in the county is the circuit, district, or superior judge. 
This position is a very important one, as upon the judge, 
more than upon any other officer, depends the vigorous 
enforcement of the law. He must be an attorney, should 
have had a long experience in active practice, must be a 
man of the very highest character, and should have a good 
education so that he may be able to express himself clearly 
and forcibly in his written opinions. He is paid a salary, 
usually holds his office for at least six years, and is often 
reelected without reference to his political belief. Writs 
of mandamus, habeas corpus, and injunction may be issued 
by the circuit judge. 

292. The Sheriff as Court Officer. — In addition to the 
duties already mentioned, the sheriff has the same relation 
to the county court as the constable has to the township 
court (87). The former can, however, serve the orders of 
the county court in any part of the state ; but the authority 
of the latter is confined entirely to his own county, and he 
may not act as an officer in the circuit court. Either the 
sheriff or one of his assistants is present at every session 
of the circuit court to preserve order. 

186 



THE COUNTY COURTS 



293. The Clerk as Court Officer. — A very important part 
of the county clerk's duties is to act as clerk of the circuit 
court. He makes out all the writs, keeps the records, 
preserves the papers relating to each cause in a separate 
file, attends to the drawing of the jury, and performs all 
other duties that are merely clerical in their nature. In 
the actual trial of a cause, the evidence as given by the 
witnesses, the charge of the judge, and in some cases even 
the arguments of the lawyers are taken down verbatim by 
the court stenographer. 

294. Attorneys at Law. — For the assistance of those 
who have causes to try, there is a class of court officers 
known as attorneys at law. An attorney must be twenty- 
one years of age, must have passed an examination for 
admission to the bar, as a rule must be a citizen of the 
state, must take the oath prescribed by law. In many 
states graduates of law schools are admitted to practise 
upon their diploma and without an examination by the 
court. An attorney of one state is not permitted to prac- 
tise in the courts of a neighboring state unless he be 
regularly admitted to the bar, or unless upon special 
motion by some reputable attorney he be granted a special 
privilege by the court to try a single case. In Florida one 
who is permitted to practise in the circuit court of the 
United States may practise in the state court. If an 
attorney be guilty of unprofessional conduct, he may, upon 
conviction, be disbarred. 

295. The County Attorney. — When any one is charged 
with a crime he must stand trial, and as in every county 
there is certain to be quite a number of these cases during 
the year, one of the attorneys is elected by popular vote to 

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TRAINING FOR CITIZENSHIP 



take charge of them. It is also the duty of the county 
attorney to prosecute or defend any action in which the 
county is interested, and to give advice to county offi- 
cers when requested. As the greater part of the time 
is taken up in prosecuting those charged with crime, he is 
often called a prosecuting attorney. This title, however, 
is misleading, for it is as much his duty to protect an 
innocent prisoner as it is to secure the conviction of a 
guilty one. Like the judge, he is paid a salary. 

296. Court Commissioners. — In most counties, and 
especially where several are joined for judicial purposes 
into one circuit, there is more business than the judge can 
find time to do. He is, therefore, given assistants in each 
county, called commissioners, who have authority in certain 
cases to act in his place, subject, however, to appeal. 
Whenever, also, there is a question to be decided which 
does not require the exercise of judicial discretion, as find- 
ing the amount due on a mortgage, the commissioner does 
it. These officers must be attorneys. 

TOPICAL ANALYSIS 

1. Necessity for courts higher than the justice's. 

2. Courts of record and not of record. 

3. The duties of probate court. 

4. Law courts ; equity courts. 

5. Jurisdiction: original, appellate, concurrent. 

6. The grand jury ; the true bill. 

7. The trial jury. 

8. Supervisory control of officers and board by the circuit judge. 

9. Appeals to the supreme court. 

10. How a judge may be compelled to correct his own mistakes. 

188 



THE COUNTY COURTS 



ii. Any person may be compelled to do his duty. 

12. How a person may be prevented from doing wrong. 

13. Qualifications for a circuit judge. 

14. The sheriff as court officer. 

15. The clerk as court officer. 

16. Attorneys at law. 

1 7. Court commissioners. 

QUESTIONS AND EXERCISES 

1. When would a knowledge of chemistry be useful to a judge ? 

2. What is meant by " government by injunction " ? 

3. Is a grand jury regularly summoned in the courts of this state ? 

4. Who is " a professional juryman " ? 

5. Should a circuit judge travel on a railroad pass ? 

6. What are the conditions for admission to the bar in this state ? 

7. State a case where an attorney ought to be disbarred. 

8. If the jury renders a verdict contrary to evidence, what course 
may the judge pursue ? 

9. Has the judge a right to question a witness ? May a juryman 
question a witness ? 

10. State a case which must be tried by a court of equity. 



189 



XXVI 

THE TERRITORIES 



" The territories of the United States are quite different from the 
colonies of ancient or modern times ; the territory is an inchoate 
state, and has been a powerful factor in the development of the 
nation." — Hinsdale, American Government. 



297. Historical. — The thirteen original states whose 
independence was recognized by Great Britain in the treaty 
of Paris, signed September 3, 1783, practically occupied 
only the country lying between the Alleghanies and the 
Atlantic, and to this strip the British ministers attempted 
to confine them. The colonial governments, however, 
claimed all the country lying between the Alleghanies and 
the Mississippi River, and this was finally conceded. By 
1802 (63) all the last-mentioned territory had been ceded 
to Congress by the states, with the understanding that it 
should be under the control of the national government 
until such time as it could, portion by portion, be prepared 
for self-government and admitted as separate states into 
the union. By separate additions the original Mississippi 
boundary has been pushed westward on the continent to 
the Pacific, south to the Gulf of Mexico, and Alaska, 
Hawaii, Porto Rico and the Philippines have been added. 

IQO 



THE TERRITORIES 



298. A European Colony. — Previous to 1787 (224) the 
colonial possessions of a nation were looked upon as so 
much property, to be disposed of in any manner, and upon 
such terms as the owner should see fit. They could be 
bought, sold, and transferred upon the same principle as 
real or personal property, and without consulting the in- 
habitants. The central idea in acquiring territory, in 
planting colonies, or in disposing of them was simply one 
of commercial or military advantage. Usually the colo- 
nists were given more or less power to control their local 
affairs ; but the extent of it depended entirely upon the 
policy of the superior government. England has, when it 
was considered practicable, always granted considerable 
privileges in this direction; but such has not been the 
policy of Spain. In theory, and in practice also in all ex- 
cept the more important ones belonging to Great Britain, a 
European colony is simply a subject province. 

299. An American Territory. — An American territory 
is one of the districts in which, for the purpose of local gov- 
ernment, the public domain is divided. The word " terri- 
tory " is here used in a narrow sense, as including only that 
part of our dominions not organized into a state, and which 
is the property of the whole nation. A territory may be 
unorganized, in which case the people have nothing to say 
in the management of the local affairs ; or it may be organ- 
ized, when nearly everything pertaining to the local gov- 
ernment is left to the people. Every state in the union, 
except the original thirteen and Texas, has passed through 
the last of these stages on its way to statehood ; many 
have passed through both, and it has been the policy of 
Congress to encourage this progress. In an American 

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TRAINING FOR CITIZENSHIP 



territory the central object (298) is to secure the peace, 
prosperity, and true happiness of the people by cultivating 
a spirit of self-dependence. 

An American territory is looked upon as an embryo 
state, to be admitted to statehood as soon as it shall appear 
to Congress that the conditions will warrant it. Alaska, 
the Indian Territory, and the Philippines are unorganized. 
The District of Columbia can hardly be called a territory, 
but is simply a piece of land, which the whole nation will 
always own as a site for the national capital. Its laws are 
all made by Congress ; the executive duties are discharged 
by three commissioners appointed by the President, and 
confirmed by the Senate ; it has a special system of courts, 
and none of the inhabitants may vote. All the rest of the 
territories are organized, and each sends a delegate to the 
national House of Representatives, who may speak upon 
any question which affects the particular territory he 
represents, but cannot vote (399). A territory has no 
representative in the United States Senate. 

300. The Constitution of a Territory. — The fundamen- 
tal law, or constitution, of every territory is the act of Con- 
gress which organized it. The constitution of a territory 
resembles the British constitution in this, that it can be 
altered whenever the national legislature sees fit. The 
general nature of our territorial form of government was 
fixed by the Ordinance of 1787 — "the Magna Charta of 
the West " (224). It provided for a governor and three 
judges to whom, subject to the approval of Congress, the 
executive, legislative, and judicial duties were intrusted. 
The Ordinance, however, provided that when the free 
male inhabitants should reach five thousand, the form of 

192 



THE TERRITORIES 



government should be made to accord more with republi- 
can ideas. In addition, a territory, as in the case of Ari- 
zona, sometimes adopts a " Bill of Rights," which stands 
in the place of a constitution. Of course this must not 
conflict with the Constitution of the United States, nor 
with any act of Congress passed either before or after the 
adoption of the Bill of Rights. 

301. An Unorganized Territory. — The latest example 
of how the United States seeks to introduce a form of civil 
government into new territory is found in the Philippines. 
After they had been reduced to order by the military, a 
commission of five members was appointed by the Presi- 
dent to act under the general instruction of the Secretary 
of War. This commission was instructed first, to organize 
local governments to correspond with those of our town- 
ships, villages, and cities ; and second, to combine these 
subdivisions into larger ones like our counties. In the 
distribution of powers all that could properly be exercised 
by the smaller divisions were to be granted to them ; pow- 
ers of a more general nature were to be given to the larger 
districts ; and the superior government in the islands, after 
the manner of our states, was to deal only with those sub- 
jects that concerned the people as a whole. In an unor- 
ganized territory the commission exercises all these general 
powers, — legislative, executive, and judicial. A primary 
school system was to be established, and the course of 
study was to be of such a character as should tend to fit 
the people for the duties of citizenship, and for the ordi- 
nary vocations of civilized life. Instruction was to be 
given at first in the language of the people ; but a full 
opportunity was to be offered to all to acquire the English 

l 93 



TRAINING FOR CITIZENSHIP 



language. The citizens have no rights except such as 
Congress may choose to grant. 

302. An Organized Territory. — The governmental ma- 
chinery in an organized territory very much resembles that 
in one of our states. Some differences will always be 
found ; but if one is familiar with the general features of 
the township and county unit systems, a little experience 
will enable him to learn them very readily. The general 
government of an organized territory is divided into three 
departments, — legislative, executive, and judicial. The 
legislative department consists of a house of representa- 
tives of twenty-four members, and a council of twelve 
members, each being chosen biennially by the people from 
districts. There is one regular session every two years, 
its length being limited to sixty days, and each member 
receiving $4 per day for his services. 

The range of subjects intrusted to the territorial legis- 
lature is substantially the same as in the states, but its 
enactments can be vetoed by the governor and by Con- 
gress as well. Congress, however, rarely ever interferes 
when the proposed law is local in its nature. Thus it is 
that the regulation of township, city, and county officers, 
the support of public institutions, the punishment of 
offences against either public or private law (160), and 
even the procedure in the courts is controlled by a legis- 
lature the members of which are elected by the people. 

303. Executive and Judicial. — The chief executive officer 
is the governor, who is appointed by the President with 
the consent of the Senate (391). He has far more power 
than has one of the governors of a state, for he appoints 
and removes at pleasure such officers as the territorial 

194 



THE TERRITORIES 



treasurer and superintendent of public instruction, who in 
the states are elected by a popular vote. He appoints all 
the members of the various boards and commissions, 
recommends the passage of laws to the legislature, and 
may pardon convicted criminals or commute their sen- 
tences. He makes an annual report to the President in 
which the advantages and resources of the territory are 
set forth in a light well calculated to convince the unwary 
that the territory is more than well prepared for admission 
as a state. 

For judicial purposes a territory is divided into three 
districts, each of which is presided over by a judge ap- 
pointed by the President and confirmed by the Senate for 
a term of four years. These judges hold regular terms of 
court in the several counties of their districts, and appeals 
will lie to these district courts from the justice's courts. 
The supreme court of the territory consists of these three 
judges sitting together at the capital. Both the governor 
and the judges are paid by the general government, but 
the remaining officers are paid by the territory. An ap- 
peal may be taken from the supreme court of the territory 
to the supreme court of the United States. 

304. Local Life. — If you were to be suddenly trans- 
ported from one of the older states to the more thickly 
settled portions of one of our territories, you might not 
at once discover any great change in your surroundings. 
The stores, churches, schoolhouses, and private dwellings 
would have a familiar look; the dress, general appearance, 
and manners of the people would not be at all strange ; 
they would be engaged in about the same occupations, 
and everywhere you would hear the English language 

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TRAINING FOR CITIZENSHIP 



spoken. A little further acquaintance, especially in the 
newer portions, would convince you that the conditions of 
life are harder than in the older states. The common 
laborer and those who receive small salaries are better 
paid than elsewhere ; but those who occupy the higher 
positions receive less, and the cost of living is greater. 

As to the enjoyment of the passive rights of citizenship, 
there is no difference anywhere in the country, and the citi- 
zens of an organized territory are entitled to freedom of 
trade with the states. Here, as everywhere, the law gives 
its equal protection to person and to property ; and these 
laws are enforced by courts organized upon the same plan 
and endowed with the same powers as in the states. In 
the newer portions there is more lawlessness ; but ordinarily 
a person gets along well enough if he behaves himself. 

In the exercise of their local political rights there is no 
difference. All the local officers are elected at regular 
intervals, and usually by the Australian ballot system; the 
caucus is followed by the primary, and that by the conven- 
tion ; and the campaign is carried on with spirit, and 
sometimes without much principle. As to the manage- 
ment of national affairs, the people have no voice, for 
they have no vote. They are, however, always greatly 
interested in the result, for a new President means a new 
governor ; this in turn means new territorial officers 
throughout ; and if a new political party comes into power, 
new judges will follow in time. No portion of the country 
is affected so quickly and so greatly by a change in the 
administration as is one of the territories. The people are 
nearer the national government than they are in the states. 

305. Admission to Statehood. — The Constitution of the 

196 



THE TERRITORIES 



United States gives Congress power to admit new states, 
the only restriction being that "no new states shall be 
formed or erected within the jurisdiction of any other 
state, nor shall any other state be formed by the junction 
of two or more states, or parts of states, without the con- 
sent of the legislatures of the states concerned as well as 
of the Congress" (Art. IV, § 63). Since the admission of 
Ohio, Congress has usually passed an enabling act, and 
required the territory applying for statehood first to adopt 
a constitution republican in form. It has also been the 
rule not to admit a state until the number of inhabitants 
was sufficient to entitle it to one representative ; but this 
requirement has not always been observed. On the other 
hand, Utah was denied admission until long after it had the 
requisite number of inhabitants, because of Mormonism 
with its practice of polygamy. 

TOPICAL ANALYSIS 
i. The terms upon which the colonial governments ceded their 
lands to Congress. 

2. The European idea of a colony. 

3. The central idea of an American territory. 

4. The constitution of a territory. 

5. Form of government in the Philippines. 

6. A territorial legislature. 

7. The executive and judicial departments of a territory. 

8. Local life in a territory; passive and active rights of citizen- 
ship. 

9. Admission to statehood. 

QUESTIONS AND EXERCISES 

1. What is the difference between an inchoate and an embryo state? 

2. Give three definitions for the word " territory." 

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TRAINING FOR CITIZENSHIP 



3. What subjects in a school course are best adapted to fit the peo- 
ple for the " ordinary avocations of life " ? 

4. Under what circumstances was West Virginia admitted as a 
state ? 

5. If the people of Utah should again attempt to practise polygamy, 
could Congress make that state a territory once more ? 

6. Point out the advantages which a state has over a territory. 

7. Under what circumstances would the territorial form of govern- 
ment be preferable ? 

8. Are the territories permitted to send delegates to a national 
convention ? 

9. When was this state admitted to the union ? 

10. Did Congress pass an enabling act for the admission of Cali- 
fornia ? 



198 



Part IV 

The State Government 


Chapter XXVII. 
Chapter XXVIII. 
Chapter XXIX. 
Chapter XXX. 
Chapter XXXI. 


One of the United States 
The Executive Department 
Aids to the Executive 
The Legislative Department 
The Judicial Department 



XXVII 

ONE OF THE UNITED STATES 



" To balance a large state or society, whether monarchical or 
republican, on general laws, is a work of so great difficulty that 
no human genius, however comprehensive, is able by mere dint of 
reason and reflection to effect it. The judgments of many must 
unite in this work. Experience must guide their labor, time must 
bring it to perfection, and the feeling of inconveniences must correct 
the mistakes which they inevitably fall into in their first trial and 
experiments." — Von Holt's Constitutional History. 



306. Definition of a State. — A state is a political com- 
munity, permanently residing within definite limits of ter- 
ritory, and exercising over the people therein a humane 
control by means of self-imposed laws. The chief object 
of this community must be to deal with those subjects 
which are essentially political (18). This would exclude 
such organizations as the Massachusetts Bay Company, 
because its object was commercial. At least a part of the 
laws must be self-imposed, and there must be a central 
authority capable of enforcing them. This would leave 
out of consideration such a political division as a county, 
for all of its powers are derived, mediately or immediately, 
from a higher authority. The notion of control, unlimited 
to a certain extent, over a definitely described portion of 
the earth's surface, is so intimately associated with the 

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TRAINING FOR CITIZENSHIP 



idea of a state as to exclude all nomadic tribes, no matter 
how civilized. The word " humane " must be construed 
liberally; but a community of cannibals would not under 
any circumstances be considered a state. 

307. A Sovereign State. — When the laws which gov- 
ern the state are all self-imposed, it is then said to be 
sovereign, or independent. The United States is an ex- 
ample. Neither Vermont, Kansas, nor any of the indi- 
vidual states of the union are, or ever were, absolutely 
sovereign, because all the laws are not, nor ever were, self- 
imposed. When the Constitution of the United States was 
adopted (223), the people of each state gave to Congress 
the right to legislate upon certain classes of subjects, and 
thus united to form a new nation. Over their internal 
affairs the authority of the individual state is unrestricted ; 
but no one of them ever pretended to have a right to deal 
independently with foreign states, and to this extent at 
least were not sovereign. 

308. Boundaries. — Every state must have certain well- 
defined boundaries, within which its laws are supreme, 
and outside of which they cannot be enforced. Some- 
times these boundaries are natural, as a river, a mountain 
range, a chain of lakes, or the ocean. Often, however, 
two states are separated by an imaginary line fixed by 
the surveyor ; but usually there is a combination of the 
artificial and the natural. Between European nations the 
boundaries are for the most part natural, while those 
between the several states of the Union combine both 
features, the artificial perhaps predominating between the 
newer ones. 

309. Colonial Charters. — The early settlers of the thirteen 



ONE OF THE UNITED STATES 

original states derived their authority to exercise the powers 
of government from the colonial charters issued by the 
British government. Perhaps the most important of these 
was that granted to Massachusetts Bay by King Charles I ; 
for under it the people of that colony claimed and exercised 
for years the right to govern themselves. This charter 
gave power to the members of the company to choose 
annually from their own number a governor, deputy gov- 
ernor, and eighteen assistants. They could make laws for 
the government of the territory which they owned; but 
these laws must not conflict with those made by Parliament. 

310. State Constitutions. — The constitutions of the 
several states are the offspring of the colonial charters. 
The fundamental law of every state is its constitution, 
which in America is really nothing but a law made 
directly by the people voting at the polls upon a draft 
submitted to them. Just as a resolution passed at a New 
England town meeting (81), upon a subject within the 
scope of its authority, is binding upon the people in the 
township and the officers, so the provisions of a constitu- 
tion, adopted by a vote of the people of the whole state, is 
binding upon all the inhabitants, including public officers. 
The people can adopt a new constitution or amend an 
old one when the subject has been properly submitted to 
them by the legislature. 

311. Provisions of a Constitution. — The constitutions of 
most states may be readily classified into five divisions : — 

1. The definition of the boundaries of the state. 

2. The so-called Bill of Rights, which is an enumeration of 
the citizens' rights of personal liberty, personal security, private 
property, and religious belief and worship (4-10). 

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TRAINING FOR CITIZENSHIP 



3. The frame of government, i.e. the names, functions, and 
powers of executive officers, legislative bodies, and courts of justice. 

4. Miscellaneous provisions relating to administration and law. 

5. The schedule, which provides for submitting the draft of the 
constitution to the people, and for the transition from the con- 
dition of a territory to that of a state. 

312. Interpretation of the Constitution. — If the ques- 
tion arises whether a state legislature can pass a law on 
a given subject, the presumption is that it can. This is 
always the case unless the power has been taken away 
by some provision in the constitution of the state or of the 
United States. But it must be shown that a provision for- 
bidding it actually exists. The constitution of the state 
is not a document conferring defined and specified powers 
on the legislature, but one regulating and limiting the un- 
limited power which it would otherwise possess. The 
power of the British Parliament has no bounds, for there 
is no written constitution to restrict it. Such, however, is 
not the case in this country. 

313. Miscellaneous Provisions. — All the constitutions 
contain articles treating of schools, of the militia, of taxa- 
tion and revenue, of public debts, of local government, of 
state prisons and hospitals, of impeachment, and of the 
methods of amending the constitution. Among the pro- 
visions which are found in some constitutions, but not in 
others, are those regulating the salaries of officials, the 
carrying of concealed weapons, the teaching of white and 
colored children in the same school. We also find a pro- 
hibition of lotteries, of bribery, of the granting of liquor 
licenses, of usurious interest, and a declaration of the 
extent of the mechanic's lien. 

204 



ONE OF THE UNITED STATES 

314. The Initiative. — Among the latest additions to con- 
stitutional provisions are the initiative and referendum. 
The initiative is a method of forcing the legislature to 
submit to popular vote for adoption or rejection a draft of 
the law which a certain number of people desire to have 
enacted. Such a provision is found in the constitution of 
South Dakota, which provides that when five per cent of 
the voters shall petition for it, the legislature shall submit 
the question of adopting a law upon that subject to a popu- 
lar vote. If a majority shall decide in its favor, then the 
following legislature will simply act as a committee to pass 
a bill in harmony with the will of the people as previously 
expressed. 

315. The Referendum. — This means referring the law 
passed by the legislature to the people for their ratification 
or rejection. This method provides that, before the acts 
passed by the legislature have gone into effect, upon peti- 
tion of a certain number of voters, an election shall be 
ordered so that the people may express their sentiments on 
any one or more of the laws passed by that session of the 
legislature. If a majority shall approve, the same shall 
remain as enacted ; if a disapproval be expressed to any 
one or more enactments, the same shall be considered dead, 
just as at present the governor or president may kill a bill 
by veto. A local option law, or a constitutional amendment 
submitted to the people, is an example of a referendum. 

316. Resources. — The revenue of the state is derived 
from the property of its subjects, and is collected by taxa- 
tion (123). For its support and preservation all the prop- 
erty in the state is looked upon as belonging to all the 
people. In the seven years' war which Prussia waged 

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TRAINING FOR CITIZENSHIP 



against the combined forces of France, Austria, and Rus- 
sia, Frederick the Great used up half of the property in his 
kingdom, and destroyed the lives of thousands of his sub- 
jects ; but this was justifiable because the life of the king- 
dom was at stake. Ordinarily the rate of taxation which 
the government is obliged to levy for its support is very 
small, the larger portion of the annual tax being for local 
purposes. 

DEFINITIONS OF "UNITED STATES" 

i. The corporate (76) name of the nation. The same as was 
provided in the Articles of Confederation. 

2. The states united, referring to the several states composing 
the union. In this sense it excludes the territories. 

3. The international sense, designating the extent of our do- 
main as a sovereign nation. This includes all our territory wherein 
no other nation has sovereignty, even such as may be under our 
control by temporary conquest. — Ex-Attorney General Griggs. 

TOPICAL ANALYSIS 

1. Time and experience necessary to make good laws. 

2. Definition of a state. 

3. A sovereign state. 

4. Boundaries : natural, artificial. 

5. Colonial charters. 

6. State constitutions. 

7. Five parts to a constitution. 

8. Interpretation of a constitution. 

9. Miscellaneous provisions. 

10. The initiative. 

11. The referendum. 

12. The resources of a state. 

206 



ONE OF THE UNITED STATES 



QUESTIONS AND EXERCISES 

i. Give a short sketch of Frederick the Great. 

2. Cite another instance where excessive taxation was justifiable. 

3. What was the fate of Charles I of England ? 

4. From a tax receipt find the rate for state purposes. 

5. Compare the constitution of your own state with that of some 
other, and find some provisions that are not common to both. 

6. What one of the American states was organized upon the principle 
of a pure theocracy ? 

7. Mention five powers which the Constitution of the United States 
forbids the individual states to exercise. 

8. Debate the following question : — 

"Resolved that this state should adopt the initiative and refer- 
endum." 

9. What peculiar meaning has the word "definition" in para- 
graph 311 ? 

10. Read over the Bill of Rights in the constitution of this state. 



207 



XXVIII 

THE EXECUTIVE DEPARTMENT 



317. The Counties Combined. — Just as we may look 
upon the county as being composed of several townships 
united for local government and for judicial purposes (244), 
so we may consider the state as composed of several counties 
combined for general government and for judicial purposes. 
The objection to this view is that it turns our attention too 
strongly to the machinery by which the state (the whole 
people) administers the government. This machinery 
consists of the various officers acting according to certain 
laws which have been established for their guidance. 

318. A Business Association. — We may also observe 
that, like a city, the state is both a political and a business 
association. It is its duty not only to protect the citizen 
in the enjoyment of his absolute rights (4), but to promote 
the general welfare. Universities are founded, charitable 
institutions are established, prisons are maintained, and 
sometimes the state even does its own printing, and carries 
on other business enterprises. All this requires a great 
amount of money to be expended in the payment of sal- 
aries, in the purchase of supplies, and in the disposing of 
the manufactured products. To conduct this business calls 
for constant oversight, which falls upon the executive de- 
partment (21). 

208 



THE EXECUTIVE DEPARTMENT 

319. Local Agents of the State. — We must not commit 
the error of thinking that all the state's business is per- 
formed by state officers, for they are greatly assisted by 
the local officers. The township treasurer collects the 
state taxes, pays them over to the county treasurer, who 
in turn transmits them to the state treasurer. The county 
school superintendent receives the reports from the town- 
ship or district officers and forwards them to the state 
superintendent of public instruction. The election ma- 
chinery of the township and county is made use of in the 
choice of state officers, and thus it is that comparatively 
few separate state officials are required. 

320. The Governor. — Although the governor of one of 
the states does not have as much power as does the gov- 
ernor of one of the territories (303), yet he is the most im- 
portant officer in it. The word " governor," by derivation, 
means the helmsman of a ship, and it is the duty of the 
chief executive to see that the " ship of state " sails safely 
on her course. The duties of a governor are civil, mili- 
tary, legislative, and judicial. 

1. Civil Executive. — As the chief civil officer the gov- 
ernor has a general authority given him to see that the 
business of the state is properly transacted by his subor- 
dinates. To aid him in this he may require information 
from any of the departments upon any subject relative to 
its respective duty. He appoints a large number of as- 
sistants, sometimes without, but generally with, the advice 
of the senate ; and he can remove even a township officer 
for a violation or neglect of duty, unless there be some 
other method provided by law. 

2. Commander-in-chief of the Militia. — As commander- 

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TRAINING FOR CITIZENSHIP 



in-chief of the state militia, the governor appoints the 
superior officers, including those who serve on his staff ; 
reviews the troops; serves on the military board, and 
superintends the enlistment of men to fill the state quota 
as called for by the President in time of war. His power 
as military chieftain is often of great value in time of 
riots. 

3. As Legislator. — As a member of the legislative de- 
partment it is the duty of the governor, at the beginning 
of each session and at such other times as he may deem 
advisable, to inform the legislature in a written message as 
to the condition of the state, and to recommend the passage 
of such laws as will further the general interests. 

After a bill has passed both houses, in all the states but 
four, the governor may prevent its becoming a law by a 
veto, unless both houses again pass the bill by a two-thirds 
vote. This power, exercised quite freely by some of the 
governors, often prevents the passage of a bad law, and 
always gives the legislature an opportunity for more care- 
ful consideration. 

4. Judicial Duties. — As a judicial officer the governor 
may grant reprieves, commutations, and pardons for any 
offence except treason. He may also assist the courts in the 
arrest of persons charged with crime. By the Constitution 
of the United States (Art. IV, § 2), a fugitive from justice 
found in another state shall, upon the demand of the gov- 
ernor of the state from which he fled, be delivered up to be 
removed to the state having jurisdiction of the crime. If the 
act charged to have been committed be not considered a 
crime in the state where the one charged has taken refuge, 
the governor will sometimes refuse to honor the requisition. 

210 



THE EXECUTIVE DEPARTMENT 

In a similar manner, by means of treaties negotiated by 
the United States, fugitives from justice may be arrested 
in foreign countries. 

321. Qualifications of Governor. — All the states require 
that the governor shall be a citizen of the United States, 
and a resident of the state for a certain number of years, 
generally five, next preceding his election. In California 
he must be at least twenty-five years old, and elsewhere 
the minimum is usually fixed at thirty. He can hold no 
other office in his own state while he is governor, nor any 
under the United States. All his official acts, except his 
signature to the acts of the legislature, must bear the im- 
press of the great seal of the state. The governor's salary 
ranges from $1000 in Rhode Island to $10,000 in New 
York, and the term of office varies from one to four 
years. 

322. The Lieutenant Governor. — In case of the removal 
of the governor from office by impeachment or death, or 
when he is unable to attend to the duties of the office, or 
is absent from the state, in all but eleven of the states the 
powers of the chief executive devolve upon the lieutenant 
governor. In most of the states this officer acts as presi- 
dent of the senate. In committee of the whole he may 
debate all questions ; and when there is an equal division 
in the senate, he may give the casting vote. In case both 
the governor and the lieutenant governor are disquali- 
fied, the president pro tempore of the senate acts as 
governor. 

323. Removal from Office. — For corrupt conduct in 
office, or for crimes and misdemeanors, the governor or 
the lieutenant governor may be impeached. The court 



TRAINING FOR CITIZENSHIP 



before which the case is tried is the senate. A committee 
is appointed by the house of representatives to prosecute 
the case, and both this committee and the accused are en- 
titled to counsel. Two-thirds of all the senators must con- 
cur before a conviction can be secured. The judgment of 
the senate extends only to removal from office, after which 
criminal proceedings may be begun before a proper court. 
The senate here acts as a court with power to send for 
persons or papers, and the secretary of state is the clerk. 

TOPICAL ANALYSIS 
i. The state viewed : — 

(i) As a combination of counties. 

(2) As a cooperative business association. 

2. The assistance rendered by local officers. 

3. The governor as : — 

(1) Chief civil officer. 

(2) Commander-in-chief of the militia. 

(3) Legislator. 

(4) Judicial officer. 

4. Qualifications for governor. 

5. The lieutenant governor. 

6. Impeachment. 

QUESTIONS AND EXERCISES 

1. Make a list of the powers granted to the governor in the con- 
stitution of your state. 

2. As a judicial officer ought the governor to act in connection 
with a board of pardons? 

3. Was a governor ever tried in this state by the senate sitting 
as a court of impeachment ? 



AIDS TO THE EXECUTIVE 



4. How can a constable be removed from office in this state ? 

5. What is the difference between a reprieve and a pardon? 

6. What is a " pocket veto " ? 

7. If one governor should refuse to deliver a person charged with 
crime to the officers presenting proper requisition papers, what could 
be done about it? 

8. What officers constitute the governor's staff in this state ? 

9. Could a man born in England be governor of this state? 

10. In what way must a governor communicate his views to the 
legislature ? 

11. Mention some country with which the United States does not 
have an extradition treaty. 



213 



XXIX 

AIDS TO THE EXECUTIVE 



324. Number of Departments. — While the executive 
department, strictly speaking, consists of the governor, 
or some one acting in his stead, yet there are certain 
officers so closely connected with him in an official capac- 
ity that they are commonly thought of as forming a part 
of it. Several of these are always specified in the state 
constitution, and are elected by popular vote ; but often 
the legislature has power to add others, who are usually 
appointed by the governor with the consent of the senate. 
Each officer has a deputy, and there are numerous clerks 
to render such assistance as is necessary. These officers 
are very useful to the members of the legislature, by reason 
of the information which they are able to give of the work- 
ing of the state government. 

325. The Secretary of State. — Next in importance to 
the lieutenant governor comes the secretary of state. It is 
in his office that the great seal is kept, an impression of 
which is necessary to the validity of all the official acts of 
the governor ; here the original copies of the acts of the 
legislature are deposited, and here the reports of all 
corporations doing business in the state are filed, and also 
duplicate reports of justices of the peace and sheriffs to 
the county clerks. The secretary of state supervises the 
taking of the state census, issues patents for state lands, 

214 



AIDS TO THE EXECUTIVE 



and approves of the bonds of certain officers. He notifies 
the sheriffs when any state officers are to be elected, or 
when amendments to the state constitution are to be sub- 
mitted to the people ; and he furnishes the proper blanks 
for the election returns. This officer bears the same rela- 
tion to the state government that the county clerk does to 
the county government (274), and on the judicial side he is 
clerk of the court of impeachment. 

326. The State Treasurer. — The state treasurer is the 
receiving officer and the custodian of the state funds. The 
state taxes collected by the county or township tax col- 
lectors are payable to him. He is authorized to deposit 
the money with banks giving sufficient security ; but any 
interest derived from its use belongs to the state. No 
money can be paid out by him, except upon a warrant 
signed and countersigned by those duly authorized. He 
is the state sealer of weights and measures. He must 
give a bond for the faithful performance of his duties, and 
must make an annual report to the governor. 

327. The Auditor General. — The auditor general settles 
certain claims against the state, and draws his warrant 
therefor upon the state treasurer ; examines, adjusts, and 
settles claims in favor of the state, and examines the 
accounts of the state treasurer each month. He receives 
and files plots of towns, cities, and villages ; approves the 
bonds of county treasurers, and of certain other officers ; 
makes a final report to the governor, and is a member of 
certain boards. He apportions the state tax, and notifies 
the clerk of each county of the amount due the state from 
his county. He has charge of the sale of delinquent lands 
for taxes, and executes deeds to purchasers. 

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328. The Attorney General. — The attorney general is 
the chief law officer of the state. He is required to prose- 
cute or defend all actions in the supreme court in which 
the state shall be interested ; and when a proper request 
is made, he appears either in person, or by deputy, for the 
people before any court or tribunal in any matter, civil or 
criminal, in which the state, or any department thereof, is 
interested. He is the legal advisor of each county or 
district attorney, and may be called upon to give an 
opinion to the various state boards, or to state officers. 

329. The Superintendent of Public Instruction. — This 
officer has general supervision of the schools of the state. 
He apportions the primary school interest fund, and all 
other funds that may come into the hands of the state 
treasurer for general school purposes, to each county ; 
gives information to school officers upon the meaning of 
the state school law ; prepares and furnishes blanks for 
school reports, and may require reports from city and 
county schools and from chartered educational institutions. 
The questions for the county examinations of teachers and 
pupils are usually prepared in his office ; and he is a mem- 
ber of the state board of education, whose duty it is to 
hold examinations and grant certificates authorizing the 
holders to teach in any portion of the state. He super- 
vises teachers' institutes, publishes the school laws, and 
makes an annual report to the governor. 

330. Commissioner of Insurance. — One of the most 
important of the administrative departments in very many 
of the states is that of insurance, which is under the 
charge of a commissioner. Upon the formation of a new 
company it is the duty of a commissioner to examine the 

216 



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articles of incorporation to see if they conform to the laws 
of the state ; to make frequent examination of the affairs 
of the companies to see if they are solvent, and, if they 
are not solvent, or if they are doing business in an illegal 
manner, to take away their charter. In case of insurance 
companies organized according to the laws of some other 
state or country, he must require annual reports ; he may 
also inquire into their condition, and if he does not deem 
the showing a safe one, he may refuse to issue a license. 
Every one who carries an insurance policy, either upon his 
life or upon his property, is greatly interested in having 
the duties of this office carefully performed. 

331. The Railroad Commissioner. — Another very im- 
portant branch of business which appeals to a very large 
number of people in the state is that of the railroads. 
The amount of capital invested is enormous, the number 
of employees is very great, and in the course of a year a 
majority of the citizens ride upon the cars, besides immense 
quantities of freight are transported. It is, therefore, very 
desirable that there should be some officer designated by 
law to exercise a general oversight. This is done by the 
commissioner of railroads, whose duty it is to receive their 
reports, inspect their tracks, bridges, buildings, and other 
structures so as to know that they are in a safe condition ; 
to report all accidents resulting in the loss of life, and to 
investigate the same ; to regulate the speed of trains, and 
to see that proper danger signals are maintained at street 
crossings and elsewhere. He also computes the amount 
of taxes that the companies must pay, and reports the 
same to the auditor general. 

332. Administrative Boards. — In every state there are 

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certain boards, created either by the constitution or by 
statute, to each of which important interests are confided. 
Among these are the state board of convassers, to canvass 
the election returns from the various counties in so far 
as they pertain to the election of state officers, or to the 
adoption or rejection of constitutional amendments; the 
board of health, which may even declare a quarantine 
against travellers or freight from another state (ioo); and 
the board of equalization, which fixes the valuation of the 
counties, of the railroads, and sometimes of mining and 
other corporations as a basis for the assessment of state 
taxes. Besides these, the various state educational and 
reformatory institutions are usually controlled by sepa- 
rate boards. There is a board of pardons, which makes 
recommendations to the governor when convicted crim- 
inals apply to be released. Membership in these boards 
is obtained ex officio, by popular vote, or by appointment 
from the governor, with the consent of the senate. In 
Massachusetts and New York, government by administra- 
tive boards is much favored, and its popularity is growing 
in other states. 

333. The Militia. — Just as the sheriff may call out all 
the citizens between the ages of fifteen and forty-five to 
preserve the peace of the county (272), so the governor 
may place under arms all the citizens between these ages 
to preserve the peace in any portion of the state. The 
former is called the "power of the county," the latter the 
"enrolled militia," which is armed and equipped at the 
expense of the state. At stated periods, usually once each 
year, the active militia goes into camp, and is drilled for 
a few days in accordance with the tactics of the United 

218 



AIDS TO THE EXECUTIVE 



States army. The soldiers receive free transportation and 
pay during the encampment. The companies belonging 
to the several regiments are located in different parts of 
the state, the members are residents, meet for drill gen- 
erally once each week, and are exempt from service 
on a jury (176). The state militia is governed by the 
state military board, of which the governor is a member 
ex officio. This body of troops forms a part of the National 
Guard, and can be called upon by the President to go into 
any part of the Union ; but no member is obliged to go 
outside of the United States unless he chooses to volunteer 
in the regular army. 

334. The State Library. — At the capital is found the 
library, which, in the older states, is a very valuable collec- 
tion of books. Its main use is for reference, and if you 
wish to consult any work upon history, law, or science, 
you can usually find it here. In the law department there 
are text-books upon all subjects, as well as the reports 
of the decisions of the supreme courts of the individual 
states, of the United States, and also of some foreign 
countries. 

In connection with the state library some states main- 
tain a system of travelling libraries. These are sent into 
different parts of the state when the proper officer calls 
for them, to be returned after a certain length of time, 
when they can be replaced by another set of books. This 
library is under the charge of a librarian, who is usually 
appointed by the governor and confirmed by the senate. 
As the office is one which requires special knowledge and 
skill, the question of politics has little to do with the 
appointment. 

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TOPICAL ANALYSIS 

i. Number of executive departments; other administrative 
departments. 

2. The secretary of state. 

3. The state treasurer. 

4. The auditor general. 

5. The attorney general. 

6. The superintendent of public instruction. 

7. The commissioner of insurance. 

8. The railroad commissioner. 

9. Administrative boards. 

10. The militia. 

11. The state library. 

QUESTIONS AND EXERCISES 

1. Mention five steps in the election of state officers. 

2. How many terms can the state treasurer hold his office ? 

3. What salary does the governor of your state receive ? 

4. Why should a state officer be paid only a moderate salary? 

5. In what manner does the board of health, or the chief health 
officer, in a state assist the local boards ? 

6. What is the difference between a prison and a reformatory? 

7. How does old line insurance differ from mutual benefit? 

8. What pay does a member of the militia receive ? 

9. Make a list of the different school officers in this state, and give 
briefly the duties of each. 

10. Give the names and location of the various educational institu- 
tions which are supported in whole or in part by state tax. 



XXX 

THE LEGISLATIVE DEPARTMENT 



335. Bicameral. — The law-making department in every 
state but one is called the legislature. In Massachusetts 
it is called the general court. In every state the legis- 
lature consists of two bodies, the smaller being termed the 
senate. Generally the larger branch is named the house 
of representatives, but in New York it is the assembly, 
and in West Virginia it is styled the house of delegates. 
In six states the legislature meets annually ; elsewhere, 
biennially. 

The number of members composing each branch varies, 
Delaware having the smallest senate with twenty-one 
members, and Illinois the largest with fifty-one. Dela- 
ware also has the smallest house of representatives, 
twenty-one members, while New Hampshire has three 
hundred and twenty-one, which is the largest. The New 
York houses number thirty-two and one hundred and 
twenty-eight, respectively ; those of Massachusetts, forty 
and two hundred and forty ; and those of Michigan, thirty- 
two and one hundred. A quorum consists of enough mem- 
bers to do business, the number being fixed by the con- 
stitution of the state. It is always provided, however, 
that a smaller number may meet and adjourn. 

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336. The Membership. — Both senators and representa- 
tives are elected from districts having as nearly an equal 
population as may be, the form of the district being deter- 
mined by the legislature acting as required by the consti- 
tution. The number of inhabitants in the state is divided 
by the number of representatives to form a representative 
district, and by the number of senators to form a senatorial 
district. The quotient in each case is called the ratio of 
representation (261). In some states the districts are re- 
arranged after the taking of each United States census ; 
but in others, not. 

A senator is usually chosen for a longer term than is a 
representative. In the majority of the states he sits for 
four years ; in New Jersey for three ; and in Rhode Island 
for one. Representatives usually hold their offices for one 
session of the legislature, whether that be for one year or 
for two. In most cases the senators do not go out of 
office at the same time, a portion of them being elected 
at regular intervals. This is not the plan with members 
of the house. 

In some states the age at which a man is eligible to the 
senate is higher than for a representative ; and in Dela- 
ware a senator must be a freeholder (129). Members of 
Congress and United States officials cannot serve in either 
house, nor as a rule can women ; but in Colorado, Utah, and 
in some other of the Western states they may. In some 
states clergymen are not allowed to sit ; while in every 
state, either by statute or custom, a residence in the dis- 
trict is required. No member of either the senate or the 
house can receive any appointment from the governor, or 
from any other state authority ; nor may he be interested 

222 



THE LEGISLATIVE DEPARTMENT 

in any contract with the state. Both senators and repre- 
sentatives are chosen by popular vote. 

337. The Senate. — The origin of the senate is to be found 
in the governor's council of colonial times. It answered 
to the House of Lords except in being a representative 
and not a hereditary body. It was supposed to repre- 
sent more especially that portion of the community which 
was possessed of most wealth and consideration. At the 
close of the Revolution a higher property qualification was 
required than for members of the lower house. In some 
states they were chosen by the people, in others by the 
lower house, and in Maryland by a college of electors. 

The plan of dividing the legislature into two branches is 
a good one : the laws are thus more carefully made. The 
senate, being the smaller body, can transact its business 
more deliberately than can the more numerous member- 
ship of the house. Where the senators have a longer term 
of office than do the representatives, the temptation to 
yield to popular clamor for the sake of gaining votes is not 
so great, and thus many bad bills are killed. The senate 
elects a president pro tempore, who presides in the absence 
of the lieutenant governor. As a rule any one may listen 
to the proceedings ; but if the public interests require it, 
an executive session may be held from which all but the 
members and officers are excluded. The senate also acts 
as a court in the case of the trial of a state officer by im- 
peachment (323). The senate is the judge of the election 
and qualifications of its own members, and may admit, 
reject, or expel a member if it sees fit. 

338. The House of Representatives. — The presiding 
officer of the house, who is chosen by the members from 

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among their number, is called the speaker. This position 
is an honorable one, and although ordinarily the speaker 
receives no more for his services than does any other mem- 
ber, yet it is much sought after. Because of his right 
to appoint the committees, and to recognize any one he 
chooses to address the house, the speaker can do much 
toward shaping the character of the legislation. Like 
the senate, the house selects its own subordinate officers, 
among which is a speaker pro tempore, judges of the quali- 
fications and election of its own members, and has charge 
of the prosecution before the senate in all impeachment 
cases. Senators and representatives cannot be arrested on 
a civil warrant (179) during the session of the legislature ; 
but they are subject to arrest on a criminal complaint. 
Members of neither house can be held accountable for 
anything said in debate. 

339. Session. — In most of the states the length of the 
session is restricted to a certain number of days, the lowest 
being forty in Colorado and Nebraska, and the highest, 
one hundred and fifty days in Pennsylvania; but in this 
state the members receive pay for only one hundred days. 
In other states the limit is fixed at forty-five, fifty sixty, 
seventy, and ninety days, the tendency in the newer states 
being in favor of short sessions. In several states there is 
no limit fixed by the constitution, but even here the length 
of the session is practically determined by custom and pub- 
lic sentiment. In all the states both senators and represen- 
tatives are paid for their services, the amount varying from 
$1 per day and eight cents per mile in Rhode Island to 
$1500 per year and ten cents per mile in New York. 

340. Committees. — A large part of the business in 

224 



THE LEGISLATIVE DEPARTMENT 

both the senate and house is done by committees. When 
a bill is introduced it is usually referred to some com- 
mittee, where it is supposed to receive careful con- 
sideration. After a time the bill is reported to the main 
body with or without recommendation. If the committee 
recommends that the bill "do pass," the chances are that 
it will pass ; but even if the report be unfavorable, pro- 
vided a strong minority is in favor of it, there is still some 
hope. A populous and wealthy state has need of a large 
number of committees ; but the most important are those 
on "state affairs," "ways and means," and "judiciary." 
It is considered a high honor to be given the chairman- 
ship of one of these committees. In order to become 
acquainted with their needs, and with the manner of con- 
ducting them, the committees on state institutions visit 
them one or more times during each session, and some- 
times the whole legislature visits the more important ones 
in a body. When the expense of such a visit is not met 
by the individual member, it is called a junket. 

341. From a Bill to a Law. — A bill is the form or draft 
of a law presented to a legislative body for its considera- 
tion. The course which a bill must take after its intro- 
duction by some member is somewhat as follows : The 
bill is first read by its title. This means that the clerk of 
the house or senate will announce the title of the bill, 
after which the presiding officer will say " First reading 
of the bill." The clerk will then announce the title of 
the bill a second time, and the presiding officer will say 
" Second reading of the bill," and then immediately refer 
it to some committee. After the committee has considered 
the bill, and has reported favorably, it will be placed upon 

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the calendar. If the report be unfavorable, it may still be 
placed upon the calendar by a majority vote of the house. 
The bill will now be printed so that each member may 
have an opportunity to read it ; but nothing further will 
be done until it is reached in its regular order. If, how- 
ever, the measure be a very important one, it may be 
taken out of its regular order and given immediate con- 
sideration. 

At the time designated, the bill is discussed in the 
"committee of the whole," i.e. in the presence of the 
whole house or of a quorum. Any member may now 
support or oppose the measure, or he may offer amend- 
ments. This ordeal is a very necessary one, for otherwise 
some very objectionable laws might be enacted, or some 
very serious defects escape detection. The bill, if it 
originated in the house, would now go to the senate, 
where it would pass through the same course, and vice 
versa. It would now have to run the gauntlet of the 
governor's veto. After all this criticism it is not very 
often that a very bad bill becomes a law ; but this some- 
times happens, and then a subsequent legislature must 
repeal it, unless the Supreme Court should declare it to be 
unconstitutional. Unless the law be given immediate 
effect by both the senate and the house, it does not go 
into actual force until a certain number of days after the 
legislature has adjourned. 

342. Public Acts. — If you were to write to the secre- 
tary of one of our more populous states for a copy of all 
the acts passed at any one session of the legislature, he 
would probably send them to you in two volumes, one 
labelled " Public Acts," and the other, " Local Acts." If 

226 



THE LEGISLATIVE DEPARTMENT 

now you were to examine the former volume, you would 
find that the laws contained are of two classes: (i) those 
which deal with the relations between the individual mem- 
bers of organized society ; and (2) with those which exist 
between organized society and its individual members 
(160). Of the former class are the laws affecting con- 
tracts, mechanic's liens, transfers of property, or the em- 
ployment of persons in stores and factories. Not many 
changes in laws of this kind occur during any one session. 
To the second class belong laws relating to taxation, the 
speed of trains, the proceedings of courts, the incorpora- 
tion of insurance companies, and to the formation and 
government of the militia. The majority of the public 
acts belong to the second class. 

343. Local Acts. — Local acts are such as refer to a 
single locality, or to a particular individual or corporation. 
The power of a state legislature to pass local acts is un- 
limited, unless restricted by the provisions of the state 
constitution. In the constitutions of the newer states this 
power is greatly restricted, Montana confining it to thirty 
enumerated subjects. Local acts have for their purpose 
to detach territory from one township and attach it to 
another ; to incorporate a particular village, city, or school 
district ; or to pay a claim against the state which could 
not be collected at law. All public acts are carefully 
scrutinized by the legislature, generally also by the news- 
papers, and all the members take an interest in them. 
But the local bills are considered to be under the charge 
of the member from the particular district affected, and 
unless special efforts are made by the residents of that 
locality, he can usually have them passed or not as he sees 

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fit. In many instances the privileges conferred by these 
special bills are very valuable, and it is in connection with 
them that most charges of corruption are made. 

344. The Lobby. — In order to secure or to prevent the 
passage of local acts, and sometimes of public acts, great 
influence is often brought to bear upon the legislature. 
The term "lobby," sometimes also called the "third 
house," is applied to persons, not being members of the 
legislature, who seek to influence the members, and thus 
secure the passage of laws. The term may be used in 
a good sense or in a bad. It is not only right but praise- 
worthy for those who are interested in a particular bill 
to give the benefit of all their knowledge concerning the 
circumstances to the legislators who must vote upon it ; 
but, on the other hand, to seek to influence them by the 
use of money, or in any other way than by fair arguments, 
is a crime. 

345. Constitutional Limitations. — A state legislature 
has the power to pass any kind of a law for the regulation 
and control of the person or property of the subjects of 
that state, except in so far as that power is limited by the 
constitution of that state (312) or by the Constitution of 
the United States. The Constitution of the United States 
expressly denies to the states the right, among other 
things, to coin money ; to make anything but gold and sil- 
ver coin a tender in payment of debts ; to pass an ex post 
facto law, or a law impairing the obligation of contracts, 
or to grant any title of nobility. No state can, without 
the consent of Congress, keep troops or ships of war in 
times of peace, but this does not refer to the militia. No 
state can, without the consent of Congress, enter into any 

228 



THE LEGISLATIVE DEPARTMENT 

agreement with another state or with a foreign power ; or 
engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. There are certain 
other subjects upon which both a legislature and Congress 
may pass laws ; but when the latter has exercised the right, 
any conflicting law passed by the former is void. An 
example of the last class is the bankruptcy law, or those 
relating to naturalization. (Const. U.S. Art. I, § 8, 9, 10.) 

TOPICAL ANALYSIS 

1. The division of the legislature into two houses; the num- 
ber of members. 

2. Senatorial and representative districts; length of terms; 
qualifications for membership. 

3. The senate ; advantages of having two houses. 

4. The house of representatives ; the speaker. 

5. Limiting the length of the sessions. 

6. The committees ; the junket. 

7. How a bill becomes a law ; the committee of the whole. 

8. Two kinds of public acts. 

9. Local acts ; dangers which arise from them. 
10. The lobby; right and wrong use of influence. 

n. Powers of state legislatures limited in two directions. 

QUESTIONS AND EXERCISES 

i. Should the speaker of the house be elected by popular vote? 

2. Bills are sometimes said to be passed by " log-rolling." What 
does this mean? 

3. What advantage does the bankrupt law hold out to the man 
who is unable to pay his debts? 

4. From what source does a state legislature derive its power to 
elect a United States senator? 

5. Give an example of an ex post facto law. 

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TRAINING FOR CITIZENSHIP 



6. What advantage can you think of in reading a bill twice by 
its title? 

7. Organize the class into a committee of the whole and discuss 
the following question : — 

"Resolved that the state should print its school text-books." 

8. Is the present tendency toward short sessions of the legisla- 
ture a good one? 

g. Organize your school into a senate; frame and grant a charter 
to a literary society. 

10. Who is the representative in the state legislature from this 
district? Who is the senator? 



230 



XXXI 

THE JUDICIAL DEPARTMENT 



346. Purpose of the Courts. — One of the three depart- 
ments into which every state government is divided is the 
judicial. When the legislature passes a law, difficulties 
are likely to arise in carrying out its provisions ; for some 
of its requirements may not be clearly expressed, or they 
may be forbidden by the constitution. Nevertheless it is 
the duty of the administrative officers to attempt to execute 
the law in accordance with what shall appear to them to 
be a fair and reasonable interpretation of its meaning. If 
any officer is in doubt as to the course he should pursue he 
may seek the advice of the duly constituted legal authority ; 
and when he has taken the proper precautions he will be 
protected if he makes a mistake. If, however, the one 
whose property has been seized, or who has been arrested, 
thinks the action of the officer unauthorized, he may ap- 
peal to the courts to have his property restored, or himself 
released. The judicial department was established for the 
express purpose of interpreting the laws (21), and to apply 
them to particular cases as they arise. 

347. The Judicial System. — An examination of the 
system of courts as found in any one of our states will 
show a careful classification, and a regular gradation from 
the lowest to the highest. These courts are so classified 

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that, as the scope of the jurisdiction increases step by 
step, the number of the courts in each class decreases, and 
each class is made subordinate to the next higher. This 
subordination is to secure the right of appeal, whereby a 
party to an action, if he thinks an injustice has been done 
him, may have his case retried in a higher court. This 
is very important, for it will not be permitted that any man 
shall lose life, liberty, or property by reason of the unsup- 
ported decision of any one court. However, in appealing 
a case, certain conditions are prescribed, the result of 
which is that the number of cases actually tried decreases 
rapidly from one class of courts to another, until in the 
highest courts they are comparatively few. One of the 
most important of these deterrent conditions is the pay- 
ment of costs. The party who appeals in a civil case, 
called the appellant, must not only pay the costs incurred 
in the court below, but he must give a bond as security for 
costs in the court above. Just as the township business is 
transacted by the township officers, so it is intended that 
the trifling disputes which arise between neighbors and 
the petty offences against the public shall be settled by 
local magistrates. 

348. The Subordinate Courts. — The number of classes 
of courts in the different states will vary; but there will 
always be three, and generally a greater number. The 
following is a classification in the order of their rank : — 

1. The Justice' s Court. — In every state the court lowest 
in rank is that of the justice of the peace. Each state has 
hundreds of these courts, and some states thousands of 
them. The object is to make them so plentiful as to bring 
justice home to every man's door. In this court the civil 

232 



THE JUDICIAL DEPARTMENT 

jurisdiction is confined to cases where the debt or damage 
does not exceed $300, and in criminal cases to misde- 
meanors. As to the higher crimes, the justice is simply 
a committing* magistrate. It is not ordinarily considered 
necessary that a justice of the peace should be a lawyer. 
An appeal lies from this court to the circuit or district 
court (185). 

2. Probate Courts. — ; Next in number and in rank come 
the probate courts, for every county has one. In Con- 
necticut the state is divided into a large number of probate 
districts, some of which include only a single town. They 
do not always bear the name " probate " ; but to some 
county court is intrusted the care of the estates of de- 
ceased persons, and of minors left without parents, of the 
incompetent, and of the insane. Sometimes the probate 
judge is given civil and criminal jurisdiction to a limited 
extent ; in the newer states and territories he is often the 
county superintendent of schools ; and occasionally other 
duties are imposed upon him. Appeals lie to the circuit 
or district court. Lawyers are usually selected for this 
office, but not always. 

3. County Courts. — In those states where the county is 
the unit (245), it is common to find a county court with a 
somewhat wider jurisdiction than that of the justice's 
court, but inferior to that confided to the circuit or district 
courts. In Florida there is a distinction between the 
county court and the county judge's court, the writs or 
commands (179, 181) of the former being good in all parts 
of the state, while those of the latter are confined to the 
county. An appeal lies to the circuit. These courts have 
in Florida jurisdiction of probate matters. 

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TRAINING FOR CITIZENSHIP 



4. Municipal Courts. — In all the larger cities, and some- 
times in the smaller ones, a separate court (240) is main- 
tained for the trial of offences arising within the city, 
whether for a violation of the criminal laws of the state 
or of the city ordinances (237). In some states there is 
also a municipal court invested with powers for the trial of 
civil cases similar in extent to those granted to the circuit 
or district courts, and from which an appeal lies directly to 
the supreme court. 

5. Circuit Courts. — Just as in New England the county 
consists of a number of townships united for judicial pur- 
poses (244), so in the less populous states several counties 
are united for judicial purposes. As sessions of court are 
held at each county seat by a judge who is obliged to make 
the circuit of his district at least twice each year, he bears 
the title of circuit or district judge. Small cases cannot 
be commenced in these courts ; but sometimes they may 
be brought there by appeal. Jurisdiction in civil cases 
extends to the highest amounts, and in criminal cases it in- 
cludes the highest crimes. As the population and volume 
of business increases new courts are formed, until, by suc- 
cessive reductions, the circuit may consist of but one 
county. In the larger cities several judges are associated 
to transact the business of this court. Appeals lie directly 
to the Supreme Court. 

349. The Supreme Court. — In every state in the Union 
there is a court of last resort from whose decision there is 
no appeal, unless it involves a point of federal law. In 
nearly every state this is called the " Supreme Court " ; 
but in New York it is styled the " Court of Appeals," the 
Supreme Court occupying an intermediate place between 

234 



THE JUDICIAL DEPARTMENT 

the circuit and the court of last resort. In New Jersey it 
is called the " Court of Errors and Appeals," and in Ken- 
tucky the " Superior Court." Louisiana has a Court of 
Appeals below the Supreme Court ; Texas has two supreme 
courts, one for civil and one for criminal business. 

The province of the highest court is to decide questions 
of law, questions of fact being left to the petit jury (285), 
and hence its jurisdiction is chiefly appellate. All the 
proceedings in the court below are printed, including at 
least a part of the testimony. If the case be of sufficient 
importance, the attorneys have the right to make oral argu- 
ments ; but if the amount involved be small, the case must 
be submitted on briefs. These " briefs " are short state- 
ments of such facts as the attorney thinks important, with 
references to decisions bearing upon the disputed points. 

The Supreme Court has original jurisdiction to issue writs 
of mandamus (289), quo warranto, habeas corpus (220), 
and prohibition for the purpose of enforcing its appellate 
powers. By means of the quo warranto the court can de- 
termine the right by which a person holds an office ; the 
habeas corpus will deliver a person from custody ; the man- 
damus will compel obedience to the orders of the court; 
and the writ of prohibition will prevent a threatened injury. 

350. Supervisory Powers. — The Supreme Court not only 
makes all the rules in accordance with which all business 
before it must be transacted, but it also regulates the method 
of procedure in all the lower courts. It exercises direct 
control in each particular case by the decision which it 
renders, and in a general way by passing rules for the 
guidance of the court below, and which they must obey. 
In an indirect manner every decision rendered by the Su- 

235 



TRAINING FOR CITIZENSHIP 



preme Court is a rule which every lower court must follow 
under like circumstances. For convenience of reference 
these decisions are printed, issued from time to time in 
book form, and a set of these books forms an indispensable 
part of the library of every judge and of every practising 
attorney in the state. 

351. The Supreme Judges. — A supreme judge must 
necessarily be a lawyer, and it is very rare that one who 
has not had a wide experience, and has not attained a 
high standing in his profession, is even nominated for the 
position. In the various states the number of judges 
constituting the Supreme Court ranges from three to nine, 
and the term of office is from two years in Vermont to life 
in Massachusetts. In Pennsylvania the term is for twenty- 
one years, and in New Hampshire it is until the judge 
reaches the age of seventy. In the majority of the states 
the judges are elected by the people ; in several they are 
appointed by the governor and senate or council ; and in 
six they are elected by the legislature. The salary ranges 
from $2000 to $8500, and no judge is allowed to practise 
his profession or to receive a fee. The position of supreme 
judge is one of great dignity and honor, and even the very 
best lawyers will take it, although at a sacrifice from a 
money standpoint. 

352. Supreme Court Officers. — The administrative offi- 
cers of this court are the reporter, the court crier, and the 
clerk. Next to the judge the most important officer is the 
reporter. It is his duty to superintend the publication of 
the decisions of the court, which he often annotates, i.e. 
by means of notes upon the margin he refers to former 
decisions by the court in which the same principles have 

236 



THE JUDICIAL DEPARTMENT 



been considered. The duties of the clerk of this court 
correspond with those of the clerk of the circuit courts 
(293). It is the duty of the court crier to preserve order 
in the court room. He also announces the entrance of the 
judges, and when he raps upon his desk, every person in 
the court room rises as a mark of respect, and remains 
standing until the judges are seated. 

353. Courts of Other States. — The Constitution of the 
United States provides that " Full faith and credit shall be 
given in each state to the public acts, records, and judicial 
proceedings of every other state." (Const. U.S., Art. IV, 
§ 1.) This does not mean that the laws enacted by one state 
legislature, or the public records kept by the administrative 
officers, or the decisions of its courts, necessarily have any 
force or effect in another state ; for every state possesses 
exclusive jurisdiction and sovereignty over persons and prop- 
erty within its territory. It does mean, however, that when 
the courts of a sister state shall have jurisdiction, and shall 
have exercised it, then the orders of the court will be 
enforced in the other states of the Union in accordance 
with the laws of the state to which the court issuing them 
belongs. Thus, if a citizen of Florida should make a will 
disposing of personal property situated in Michigan, and 
die, the will must first be probated in Florida, and then 
the Michigan courts will distribute the property according 
to the Florida laws. But if the testator was a resident of 
Michigan at the time of his death, the Florida court would 
have no jurisdiction over that particular property, and it 
would be distributed according to the Michigan law. For 
the records kept by a public officer in one state to be 
received in evidence in the courts of another state they 

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TRAINING FOR CITIZENSHIP 



must be properly proven. The decisions of the Supreme 
Court of one state have no binding force whatever outside 
the boundaries of that state ; but they are carefully read 
by the judge of any state court for the suggestions they 
may contain. 

TOPICAL ANALYSIS 
i. Purpose of the courts ; guide to administrative officers. 

2. The judicial system of the state ; classification of courts. 

3. Courts subordinate to the Supreme Court : — 

(1) The justice's court. (2) Probate courts. 

(3) County courts. (4) Municipal courts. 

(5) Circuit or district courts. 

4. The Supreme Court — appellate and original jurisdiction. 

5. Supervisory powers of the Supreme Court. 

6. The judges of the Supreme Court, — qualifications, salary, 
term of office, election, or appointment. 

7. The ministerial officers of the Supreme Court. 

8. Interstate relations as to their courts. 

QUESTIONS AND EXERCISES 

1. If in doubt, what legal authority should an officer consult be- 
fore making an arrest? 

2. Is it better to have the judges appointed by the governor and 
senate, or elected by the people? 

3. What is meant by "court law"? 

4. What is " comity " ? 

5. How many judges constitute the Supreme Court in this state ? 

6. Mention all the different courts in your county. 

7. If you should wish to bring suit in the circuit court in this 
state, how large must the amount be? 

8. If a man should insist upon holding an office after his term 
had expired, how could he be dispossessed ? 

g. What is the meaning of the word " domicil " ? 
10. What does the expression "Reynolds vs. Adams, 90 111. 149" 
mean? 

238 





Part V 


The National Government 


Chapter XXXII. 


The Founding of the Nation 


Chapter XXXIII. 


The National Executive 


Chapter XXXIV. 


Aids to the National Executive 


Chapter XXXV. 


Domestic and Foreign Relations 


Chapter XXXVI. 


The National Legislature 


Chapter XXXVII. 


The National Judiciary 



XXXII 

THE FOUNDING OF THE NATION 



Thou, too, sail on, O Ship of State! 
Sail on, O Union, strong and great! 
Humanity with all its fears, 
With all its hopes of future years, 
Is hanging breathless on thy fate ! " 

— Longfellow. 



354. From Colony to State. — When the Revolutionary 
War broke out the colonists had no thought of changing 
their dependent governments into independent states. 
Even after the battles of Concord and Lexington they 
desired nothing so much as to become friends with the 
king. But the king, by calling them rebels, by forbid- 
ding foreign nations to trade with them (298), and by 
employing the Hessians to subdue them, had rendered 
reconciliation impossible. By the spring of 1776 all the 
governors of the thirteen colonies had either fled or been 
thrown into prison. This put an end to colonial govern- 
ment, and Congress, seeing that efforts to obtain their 
rights by peaceful means were in vain, on May 15, 1776, 
resolved that it was " necessary to suppress every kind of 
authority under the crown," asked the colonies to form 
governments of their own, and thus to become states. 

241 



TRAINING FOR CITIZENSHIP 



This advice they followed, elected officers, adopted con- 
stitutions, and thus threw off all their allegiance to Great 
Britain. They did not, indeed, become sovereign states, 
because they neither exercised nor claimed the right to 
treat with foreign nations, nor to carry on war (307); but 
as to everything that pertains to the management of their 
local affairs, they then became, and have ever since re- 
mained, free and independent. 

355- Colonial Unions. — The weakness of each individ- 
ual colony, and the distance of the whole of them from the 
mother country, made it very desirable that they should 
unite for mutual assistance. There was one union of four 
colonies, one attempted union, and then all united. These 
colonial unions and attempted unions were as follows : — 

1. The New England Confederation. — In 1643 Ply- 
mouth, Massachusetts Bay, Connecticut, and New Haven 
united for defence against the Indians, and to assist 
masters to recover runaway apprentices and slaves. It 
lasted about forty years. 

2. TJie Albany Plan of Union.. — In 1754 a convention, 
to which seven of the colonies sent delegates, met at 
Albany, New York, to make a treaty with the Indians. 
To this convention Franklin submitted a plan for a union 
of all the colonies under the government of a president to 
be appointed and supported by the king, the legislative 
body to consist of a council to be chosen by the colonial 
assemblies. This plan was rejected by the colonies on the 
ground that it gave too much power to the king ; and by 
the king because it gave too much power to the people. 

3. The Continental Union. — The twenty years follow- 
ing 1754 were filled in America with great events of a 

242 



THE FOUNDING OF THE NATION 

military and political nature, and from which the colonists 
became convinced of three things : — 

(i) That American troops, when led by a competent 
American general, could win victories even over regulars. 
Moreover, the French and Indian wars had revealed the 
general. 

(2) That the king was determined to destroy in 
America the right of local self-government, which the 
colonists had always enjoyed. The course pursued by 
the king aroused a spirit of hostility which extended to 
every colony, and which demanded that such defensive 
measures should be taken as would render their liberties 
absolutely secure. 

(3) That success in their undertaking could be won only 
by united action. In the language of South Carolina, 
" The whole country must be animated with one great 
soul, and all Americans must stand by one another, even 
unto death." Fortunately there were at hand some great 
political leaders, whose constructive statesmanship could 
devise a form of government able to preserve those liber- 
ties after they had been won (227). 

356. The Continental Congress (1774-1781). — The first 
American or Continental Congress met in Philadelphia, 
September 5, 1774, and remained in session about fifty 
days. It might more properly be called a convention than 
a congress ; for it did not attempt to exercise any of the 
powers of government, but contented itself with issuing 
a declaration of rights, and with making some very im- 
portant recommendations to the colonial assemblies. The 
second Continental Congress met at Philadelphia, May 10, 
1775, and did not finally adjourn until October, 1788, leav- 

2 43 



TRAINING FOR CITIZENSHIP 



ing the states without a central government until April, 
1789, when the government under the constitution was 
actually put into operation. 

From the date of its organization until 1 78 1, when the 
last of the colonies adopted the Articles of Confederation, 
the Congress had no written constitution; but nevertheless 
it exercised, with the consent and active support of the 
governed, the most important functions of a national gov- 
ernment. It declared the colonies free and independent 
states ; conducted a great war ; assumed the whole direc- 
tion of foreign affairs ; twice voted to Washington powers 
which made him a virtual dictator ; created a national cur- 
rency ; established a general post-office, and gave to each 
commonwealth an equal voice in deciding any question that 
should come up for congressional action. These are sov- 
ereign powers (307), and the body of men which exercised 
them represented not the states, but the whole American 
nation. 

357. The Confederation. — Until March 1, 1781, when 
Maryland ratified the Articles of Confederation, being the 
last colony to do so, the Continental Congress had been a 
revolutionary body, exercising such powers as the neces- 
sity of the case required. In the absence of any written 
constitution (356), Congress was the sole judge of the 
extent of its powers, and there was danger, if its resources 
should permit, that it might seek to legislate upon those 
subjects heretofore impliedly reserved for state control. 
To guard against this danger, and to secure the continu- 
ance of a national government after independence should 
have been won, Franklin, as early as June 12, 1775, sub- 
mitted a plan for a perpetual union, and this idea finally 

. 2 44 



THE FOUNDING OF THE NATION 

found expression in the Articles of Confederation, which 
were ratified by all the colonies. 

In this instrument the states expressly delegated to the 
national government certain powers which they agreed not 
to attempt to exercise; reserved to themselves every power 
not thus delegated; adopted certain regulations "to secure 
and perpetuate mutual friendship and intercourse between 
the people of the different states " ; and made such pro- 
visions for the support and administration of the govern- 
ment as was thought necessary. The plan was a bad one, 
for it gave to Congress no coercive power. There was no 
separation into legislative, executive, and judicial depart- 
ments, but all these duties were conferred upon one House ; 
Congress could appropriate money to meet the national 
obligations, but could not raise a dollar, as this power was 
reserved to the states ; it could not compel England to 
keep the treaty of peace, or, what was worse, keep the 
peace itself. In short, Congress could " declare every- 
thing, but do nothing." 

358. Separating Influences. — So long as the states were 
held together by a common peril, the national government 
received a more or less adequate support ; but when this 
pressure was removed, its real weakness stood revealed. 
Attachment for the state was stronger than love for the 
union ; and the obedience which love of country did not 
secure could not be enforced under the Articles of Con- 
federation. Jealousies sprang up within the states. Mas- 
sachusetts excluded all goods imported in British ships ; 
Connecticut not only admitted such goods, but imposed a 
duty upon imports from Massachusetts ; New York levied 
a duty upon firewood from Connecticut and garden prod- 

245 



TRAINING FOR CITIZENSHIP 



uce from New Jersey : the former responded by suspend- 
ing all commercial dealings with New York, the latter by 
charging ground rent for a lighthouse which New York 
had erected on New Jersey soil. Gross outrages were 
perpetrated by Pennsylvania officials upon settlers from 
Connecticut in the Wyoming valley ; and New York would 
have waged war against New Hampshire over boundary 
disputes had Washington not intervened as peacemaker. 
Besides these and other separating influences, there was 
the ever present slavery question, warmly defended by 
the South and execrated by the North. 

359. Unifying Influences. — It was quite evident that the 
country was drifting toward anarchy. At home, Massa- 
chusetts was obliged to put down by force the armed re- 
bellion of Shay, and other states were racked with internal 
dissensions. Abroad, we were "bullied by England, in- 
sulted by France and Spain, and looked askance at in 
Holland." Even the Barbary pirates paid us no respect, 
but plundered our commerce with impunity, and sold our 
citizens into slavery. At length the people became con- 
vinced that a stronger central government must be formed, 
or the union would fall in pieces. The passage by Con- 
gress of the Ordinance of 1787 — a plain usurpation of 
power — greatly assisted, for it was considered better that 
there should be a strong government with specific powers 
than that a weak one should perform illegal acts to save 
itself from destruction. It was seen also that a national 
currency and a uniform commercial system, both domestic 
and foreign, were absolute necessities. A closer union 
of the states was rendered more easy of accomplishment 
because a majority of the people had a common ancestry, 

246 



THE FOUNDING OF THE NATION 

spoke the same language, cherished the same traditions, 
and rendered obedience to the same system of common 
law (24). 

360. The Constitutional Convention. — When the feel- 
ing had become general that a desperate crisis had been 
reached, Congress recommended all the states to meet 
at Philadelphia "to devise such provisions as to them 
shall seem necessary to render the constitution of the 
federal government adequate to the exigencies of the 
union." This convention, consisting of fifty-five dele- 
gates, met in Philadelphia in May, 1787, and remained 
in session nearly four months. Thirty-nine out of the 
fifty-five delegates signed the draft, which was submitted 
to conventions called in each state especially for that pur- 
pose. Thus ' indirectly, but acting through their chosen 
delegates, the people themselves, the state, adopted a con- 
stitution and frame of government which Mr. Gladstone 
once said " is the most wonderful work ever struck off by 
the brain and purpose of man." 

361. Constitution a Compromise. — Convinced as were 
the delegates of the necessity for a stronger government, 
there was yet a decided difference of opinion (1) as to the 
powers to be conferred, (2) the method of representation 
of the states, (3) the taxing of exports, and (4) the impor- 
tation of slaves. The constitution finally adopted was a 
compromise between those holding different views upon 
these questions, and is said to be "the most successful 
instance in history of what a judicious spirit of compro- 
mise may effect." The convention was divided into two 
parties, called the National party and the State party. 
The former of these wished to form a national govern- 

H7 



TRAINING FOR CITIZENSHIP 



merit springing from the people ; the latter was deter- 
mined to preserve the state system, and was afraid that 
the large states would combine to swallow the small ones. 
" The small states did not care so much about the powers 
of the national government, or even its framework, as they 
did about the absorption of these powers by the large 
states. Hence the contention was not so much about 
powers as about the hands the powers would fall into." 

362. Nature of Compromise. — The harmonizing of the 
differences of opinion which arose in the convention upon 
three of the great questions before it (363) was effected in 
each case by a compromise. 

1. The National Legislature. — For the formation of 
the legislative department three plans were offered, two 
of which were original. 

(1) The Virginia plan provided for two houses, each 
state to have a number of representatives proportionate 
either to its wealth or to the number of its free inhabit- 
ants. The states were to have no representation as such. 

(2) By the New Jersey plan there was to be a single 
house, to represent states and not individuals, and the 
states were to vote equally without regard to wealth or 
population. 

(3) By the Connecticut compromise the national prin- 
ciple was to prevail in the house, and the federal in the 
senate. 

2. Slave and Free. — As the congressmen were to be 
apportioned to the states according to their population, the 
slave-holding states wished to have all the slaves counted ; 
the free states desired to have them all omitted. By the 
compromise two-thirds were counted. 

248 



THE FOUNDING OF THE NATION 

3. Exports and Imports of Slaves. — The free com- 
mercial states were opposed to any tax upon exports and 
to the importation of slaves ; the planting states wished to 
tax exports and to import slaves without restriction. The 
Constitution provided that Congress should not forbid the 
importation of slaves before 1808, and that exports should 
never be taxed. 

363. Interpretation of Constitution. — Every expression 
in the Constitution having been carefully considered both 
by the makers and by the conventions in the several states, 
it follows that whenever any dispute arises as to the right 
of the government to perform any particular act, the 
authority must be found in the Constitution. In other 
words, the United States government has no common law 
power (312). Whenever express authority is shown to 
perform a particular act, then the right is certain ; but the 
authority may exist by implication, and hence the powers 
of the national government are express and implied. 
"Take, for example," says Chief Justice Marshall, "the 
power to establish post-offices and post-roads. This power 
is executed by the single act of making the establishment. 
But from this has been inferred the power and duty of 
carrying the mail along the post-road from one post-office 
to another. And from this implied power has been again 
inferred the right to punish those who steal letters from 
the post-office or rob the mail." In doubtful cases the 
true meaning of any expression in the Constitution must 
finally be determined by the Supreme Court of the United 
States. 

364. Amending the Constitution. — The makers of the 
Constitution did not imagine they had constructed an 

249 



TRAINING FOR CITIZENSHIP 



instrument that would never need amending, and so they 
provided a way. By a two-thirds vote of both houses, 
Congress may frame an amendment and submit it to the 
states for their ratification (315); and if two-thirds of the 
state legislatures demand it, Congress must frame and sub- 
mit one upon any subject desired (314). In either case 
three-fourths of all the states, acting either through their 
legislatures, or through conventions called specially in 
each state for that purpose, must ratify the amendment 
before it can become a part of the Constitution. In all, 
fifteen amendments have been made, the first ten of which 
are called the " Bill of Rights " (221, 300). 

365. Checks and balances. — The framework of our gov- 
ernment is so constructed that one part acts as a check or 
a balance upon some other part. One officer is given a 
duty to perform ; and then another officer is appointed 
to superintend the first one, and to do something besides. 
The fundamental divisions are into legislative, executive, 
and judicial. If the legislature passes a bad bill, the 
executive may veto it ; if the executive refuses his consent, 
the legislature may pass the bill over the veto by a two- 
thirds vote. If the legislative power should enact a law 
which the Constitution forbids, the judicial department 
would declare it invalid ; if the people should be dissatis- 
fied with the decision of the court, they may amend the 
Constitution. If the governor or any of the supreme 
judges should violate their trusts, the legislature may 
remove them by impeachment; if a legislator becomes cor- 
rupt, the branch to which he belongs may expel him, and 
the courts can send him to prison. These statements apply 
equally to state and national governments, and so nicely is 

250 



THE FOUNDING OF THE NATION 

the machinery adjusted that there is little serious danger 
from any one source, the power being at hand to correct 
it. 

366. Federalism. — The political history of our country 
immediately preceding and for many years following the 
adoption of the Constitution is filled with discussion as to 
the nature and extent of the implied powers (363). Some 
of our statesmen, among whom were Hamilton, were dis- 
posed to interpret the provisions of the Constitution very 
liberally, and were called " loose-constructionists " ( 28 : 2) 
or " federalists " ; others, among whom were Jefferson, took 
an opposite view, and were called " strict-constructionists " 
or "anti-federalists." The former looked upon the nation 
as a state-union ; the latter, as a union of states. Under 
the Articles of Confederation (359) our government was 
a " league of states"; now it is universally held to be a 
" state-union," with whose management the states as indi- 
viduals have little control. History shows us that confed- 
eracies have seldom been successful, the only conspicuous 
example to the contrary in existence being Switzerland. 
The old German Empire, also called the Holy Roman Em- 
pire, was a confederation and a great failure ; the modern 
German Empire is a federation, and very powerful. 

TOPICAL ANALYSIS 

1. From colony to state ; how far sovereign. 

2. The New England Confederation ; the Albany plan ; the 
continental Union. 

3. First Continental Congress ; second Continental Congress ; 
powers exercised by each. 

4. The Confederation, its weakness and strength. 

251 



TRAINING FOR CITIZENSHIP 



5. Separating influences. 

6. Unifying influences. 

7. The constitutional convention. 

8. The Constitution a compromise. 

9. The nature of the compromise : — 

(1) The national legislature. 

(2) Slave and free. 

(3) Exports, and imports of slaves. 

10. Interpretation of the Constitution; express and implied 
powers. 

11. Amending the Constitution. 

12. Checks and balances. 

13. Federations; confederacies. 

QUESTIONS AND EXERCISES 

1. Read the Constitution carefully and see how long it takes you. 

2. How many words are used to establish the postal system? 

3. What six objects are set forth in the preamble to the Constitu- 
tion? 

4. Trace out the checks and balances in receiving and paying out 
the money received from taxation by the state officers. 

5. Does a man who has no taxable property, but has a family, pay 
any taxes ? 

6. Are national banks directly authorized in the Constitution? 

7. How may two or more states be consolidated ? 

8. In what way may the states exercise control over the national 
government ? 

9. Give a short sketch of the life of Gladstone. 

10. Make a list of five American statesmen who were loose-construc- 
tionists, and of five who were strict-constructionists. 



252 



XXXIII 

THE NATIONAL EXECUTIVE 



367. State and Nation. — It will greatly aid us in the 
further study of our subject if we bear in mind the fol- 
lowing statements : — 

1. All the citizens of the United States, no matter where 
they reside, taken together, constitute one nation which, 
as to those powers conferred by the Constitution, is sover- 
eign and absolute. 

2. This national government exercises its powers di- 
rectly upon the people through its own officers ; it enacts 
its laws, convicts and punishes its criminals, and collects 
and disburses its revenues without any reference to state 
boundaries. 

3. The only elective officers of the United States govern- 
ment are the President, the Vice-President, the senators, 
and the representatives, all the rest being appointive. In 
choosing its representatives the nation makes use directly 
of the election machinery of the states, and as to the rest 
of the elective officers it does so indirectly. 

4. No state officer as such has anything to do with exe- 
cuting any law of the United States, nor does any United 
States officer have any power to execute a state law. 

368. The Three Departments. — The contests which 
each of the colonies had at times waged with their gov- 
ernors to prevent encroachments upon the power of the 

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TRAINING FOR CITIZENSHIP 



legislature, and the importance of having the laws inter- 
preted by judges independent both of the governor and 
the legislature, led the framers of the Constitution to 
mark out carefully the limits within which each of the 
three departments of the government was to exercise its 
authority. At the same time it was evident that each 
department could not be absolutely independent of the 
others, but that the three must work together. Hence 
was developed that system of checks and balances (365) 
which has contributed in no small degree to the successful 
working of our governmental machinery. 

369. The President. — The executive department of 
the United States government consists of the President, 
who holds his office for four years. The presiding officer 
of the Continental Congress was called the President, and 
from this source came the title of the chief executive of 
the nation. His duties are civil, military, legislative, and 
judicial (320). 

1. Civil Executive. — The President is charged with 
the responsibility of seeing that the laws are properly 
enforced, and that the business of the nation is carefully 
conducted. He accomplishes this through subordinate 
officers, who in their turn are aided by a very great num- 
ber of assistants, clerks and workmen not being counted 
as officers (271). All these taken together constitute the 
public service, which is divided into civil and military. 
By the " civil service " is meant those officers and their 
subordinates who are concerned in carrying on the do- 
mestic and foreign affairs of the government. Here are 
also found the officers of the courts, such as marshals and 
clerks. The administration includes the President and 

254 



THE NATIONAL EXECUTIVE 



members of the Cabinet (377), whose duty it is to advise 
together in the management of the executive department. 

2. Military Duties. — All the land and naval forces of 
the United States, and the militia of the several states 
when called into actual service (333), are under the con- 
trol of the President; but he is expected to exercise this 
control through the departments of War and of the Navy. 
In times of peace his duties as commander-in-chief are not 
very burdensome, for even the appointment of the major 
generals is made according to a system of promotion 
based very largely upon length of service. In time of 
war, however, this responsibility is greatly increased. It 
is said that during the Civil War, President Lincoln wielded 
more authority than any single Englishman had done since 
the days of Oliver Cromwell. 

3. As Legislator. — At the opening of every session of 
Congress, the President submits a message in which he 
makes suggestions for legislative action. Each of these 
is referred to the proper committee, where it receives care- 
ful consideration. At any time during the session he may 
also send in a special message, or Congress may require 
information upon any subject which he will give, provided 
the public interests do not demand secrecy. Neither the 
President nor any member of the Cabinet may introduce 
a bill, nor vote upon it, nor even speak upon any question 
before either house. Like a governor (320 : 3), the Presi- 
dent may veto a measure, but it may be passed over the 
veto by a two-thirds vote. The treaty-making power is a 
legislative one, but the Senate, or in certain cases the 
House, may act as a check. Here also must be classed 
the power to suspend the writ of habeas corpus (220), if 

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TRAINING FOR CITIZENSHIP 



Congress be not in session, " when in cases of rebellion or 
invasion, or when the public safety may require it." (Const. 
Art. I, Sect. IX, 2.) During the Civil War thousands were 
thrown into prison by the orders of the President and held 
so long as it was thought necessary, without any trial. 

4. Judicial Duties. — The President has the same power 
to pardon or commute the sentences of prisoners convicted 
under United States laws as has a governor in cases of 
those convicted under state laws. An appeal will lie to 
him from the decision of a court-martial in case of a mili- 
tary prisoner. 

5. Foreign Representative. — The President is the sole 
representative of the nation abroad, no foreign court rec- 
ognizing any other officer. Governors of states have no 
power in this direction whatever. He receives ambas- 
sadors from foreign nations, and, with the advice and con- 
sent of the Senate, appoints ambassadors, other public 
ministers, and consuls. All treaties are negotiated under 
his direction, but they must receive the approval of the 
Senate. The House of Representatives may also defeat 
a treaty, if money is to be appropriated to carry c^ut its 
provisions. 

370. Qualifications of President. — No person except a 
natural-born citizen can aspire to the office of President ; 
nor can any one be elected to that office who has not at- 
tained the age of thirty-five years, and been fourteen years 
a resident within the United States. Before assuming the 
office he must take an oath to perform faithfully its duties, 
and to " preserve, protect, and defend the Constitution of 
the United States." The President may resign, or he may 
be impeached by a process similar to that pursued in the 

256 



THE NATIONAL EXECUTIVE 



states (323). His salary is $50,000 per annum, which can- 
not be increased or diminished during his term of office. 

371. Choice of President. — The President is elected by 
all the voters in the United States, but not directly (367). 
The framers of our Constitution did not think the choice 
of so powerful an officer as the President should be sub- 
mitted, to popular vote on account of the excitement it 
would arouse ; they did not wish to leave it to Congress, 
because it would make the executive too dependent on the 
legislature. They therefore adopted a device similar to 
that used in Maryland in the selection of state senators 
(337). There is nothing in the Constitution to prevent a 
reelection any number of times ; but the example of Wash- 
ington in declining a third term has made it practically 
impossible for the time to be extended beyond eight years. 

372. The Electoral College. — The Constitution directs 
each state to choose electors equal in number to its sena- 
tors and representatives in Congress, the method of choice 
being left to each state legislature. Upon a day appointed 
by Congress, now the second Monday in January, the elec- 
tors meet in their respective state capitals, and vote sepa- 
rately by written ballot for President and Vice-President. 
Three lists of the votes are made out, one being transmitted 
to the Secretary of the Senate at Washington by mail, one 
sent to him by special messenger, and one kept on file in 
the office of the Secretary of State at the state capitol. 
On the second Wednesday in February the two houses 
meet in joint session, and in the presence of both houses 
the president of the Senate opens the certificates and 
counts the votes. The person having the largest number 
of votes is declared elected President. 

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373. Choice by Congress. — In case a majority of the 
electors do not vote in favor of any one person for Presi- 
dent, the choice falls to the House of Representatives, but 
is restricted to the three who have received the highest 
number of electoral votes. The vote is taken by states, 
the representatives from each state having one vote, and a 
majority of all the states being necessary. A quorum for 
this purpose consists of one or more members from two- 
thirds of the states. Each state may fill any vacancy that 
may arise in the number of its electors. 

374. The Vice-President. — If for any reason the Presi- 
dent is unable to perform the duties of his office, they 
devolve upon the Vice-President. In case neither can 
perform them, Congress has provided that the succession 
shall be as follows, and in the following order : Secretary 
of State, Secretary of the Treasury, Secretary of War, 
Attorney General, Postmaster General, Secretary of the 
Navy, and the Secretary of the Interior. 

The Vice-President is voted for at the same time and by 
the same electors as is the President. If the electors fail 
to make a choice, then the Senate chooses the Vice-Presi- 
dent from the two having received the highest number of 
electoral votes. The senators vote by states, each state 
having one vote ; a quorum consists of two-thirds of the 
whole number of senators, and a majority of all is neces- 
sary to a choice. No person can hold the office of Vice- 
President if he be disqualified to hold that of President. 
Just as the lieutenant governor presides over a state senate, 
so the Vice-President is the presiding officer of the Senate 
of the United States, but has no vote except in case of a 
tie. His salary is $8000. 

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THE NATIONAL EXECUTIVE 



TOPICAL ANALYSIS 

i. State and nation : — 

(i) One nation. 

(2) Powers exercised directly. 

(3) Elective and appointive officers. 

(4) Separation of state and national officers. 

2. Interdependence of the three departments. 

3. The President, as — 

(1) Civil executive ; 

(2) Military chieftain ; 

(3) A legislator; 

(4) Judicial officer ; 

(5) Foreign representative. 

4. Qualifications of President. 

5. Choice of President. 

6. The electoral college. 

7. Choice by Congress. 

8. The Vice-President. 

QUESTIONS AND EXERCISES 

1. Why will a presidential elector always vote for his party candi- 
date ? Could he do otherwise ? 

2. To how many electors is your state entitled ? 

3. To whom would you apply if you wished to become postmaster ? 

4. Under what circumstances may the President adjourn Congress 
without the consent of either house ? 

5. Why is it difficult to pass a bill over the President's veto ? 

6. How many Vice-Presidents have become President ? 

7. Are the elections in the states ever in charge of national officers ? 

8. Can the President hold any other public office ? 

9. How long may an officer appointed by the President during a 
recess of the Senate serve ? 

10. How many electoral votes are necessary to elect a President ? 

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AIDS TO THE NATIONAL EXECUTIVE 



375. The English Cabinet. — The President's Cabinet 
consists of a body of men selected by him to assist him in 
the performance of his official duties. It had its origin 
in the Privy Council of England, and is a committee of 
from twelve to fifteen members of Parliament into whose 
hands is given the actual government of the country. The 
chief member of this committee, chosen by the sovereign, 
is called the Prime Minister, who selects the remaining 
members. Each member of the Cabinet, being also a 
member of Parliament, has a right to be heard in debate, 
and to advocate or defend in the house to which he 
belongs such measures as the " government," or, in other 
words, the Cabinet, may desire to have passed. This 
committee always belongs to the most numerous party 
in the House of Commons, which will generally support 
whatever the Cabinet proposes. If upon any important 
measure it should fail to do this, the Cabinet would resign 
at once, and the King or Queen would either appoint a 
new Prime Minister to select a new Cabinet, or dissolve 
the Parliament and order a new election. Each of eleven 
members of the English Cabinet is, by virtue of his office, 
at the head of an executive department. 

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AIDS TO THE NATIONAL EXECUTIVE 

376. Advisers to the Governors. — There is not now, nor 
was there ever at any time in any of the states or colonies, 
a body of men whose sole duty it is to give official advice 
to the governor. A governor of a colony, like the gov- 
ernor of a territory at present (302), always had a council 
to advise with him ; but as, in nearly all cases, the council 
took an active part in the work of legislation, it resembled 
the House of Lords more than the Cabinet. It was a 
legislative body with limited powers, something like a 
modern city council ; and if any of its members acted as 
a confidential adviser to the governor, it was not because 
his official relations required it. 

It must not, however, be supposed that any governor 
attempts to discharge the duties of his office without 
seeking advice from some one. Upon purely technical 
questions, or when he simply desires information, he will 
undoubtedly ask the opinion of the heads of the particu- 
lar department interested ; but upon all other questions he 
is far more likely to counsel with those of his political or 
personal associates in whose judgment he has the most 
confidence. Sometimes it is possible for him to attach 
these persons to him officially by appointing them to some 
commissionership (324). These men form the " inner 
circle," often called the "ring," or the "cabal," which 
runs the administration (369: 1). 

377. The American Cabinet. — The Constitution did not 
provide for any body of men to be the official advisers of 
the President; but the first work accomplished by Con- 
gress was to establish the departments of State, the 
Treasury, and War. Washington appointed Hamilton 
Secretary of the Treasury ; Knox, Secretary of War ; 

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Jefferson, Secretary of State; and Randolph, Attorney 
General. The first two were Federalists (366), the last 
two anti-Federalists, and the four formed the first Cabi- 
net. The number has since been increased to eight by the 
creation of four new departments. 

The President may select any one he chooses to fill a 
Cabinet position, subject to the approval of the Senate, 
which thus far has never been refused. He almost invari- 
ably appoints men of his own political belief, making his 
selections as a rule from those who have had large experi- 
ence in public life ; but sometimes chooses his personal or 
business associates, and often a Cabinet position is the 
reward for political services or for liberal contributions 
to the campaign fund (268). The meetings of the Cabinet 
are always held at the Executive Mansion, but no records 
are kept of the proceedings, and the President is not 
obliged to follow the advice given. In England the sover- 
eign is never present at a Cabinet meeting ; in this coun- 
try the President always is. If a Cabinet officer wishes to 
vacate his office, he simply hands his resignation to the 
President, who immediately selects his successor. The 
salary is $8000. 

378. Comparisons. — If we compare the two systems as 
here outlined, we shall see that in England the members 
of the Cabinet belong to either one or the other of the two 
houses of Parliament, and have all the privileges which 
are enjoyed by any member. In our country a member 
of the Cabinet can belong to neither house of Congress, 
and can never take part in a congressional debate. In the 
one case a failure on the part of the government to carry 
its measures results in a resignation of the whole Cabinet, 

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AIDS TO THE NATIONAL EXECUTIVE 

and there is generally a new election ; in the other case, 
such a failure would cause no change, and no new elec- 
tion. In England the Prime Minister assumes all the 
responsibility, and thus the sovereign is relieved ; here 
there is no such officer, all the responsibility being placed 
on the President. Nevertheless the members of our Cabi- 
net exercise great influence in shaping legislation, as it is 
presumed that their advice has had the approval of the 
President. 

379. Departmental Business. — Though desirable, it is 
not strictly necessary that a Cabinet officer should have 
previously had any special knowledge of the method of 
conducting the business in his particular department. No 
President would think of appointing one who was not 
a lawyer as Attorney General, but civilians have generally 
been selected for the War or Navy departments. This has 
been made possible because all the details have been car- 
ried on upon a uniform plan for years, and by subordinates 
who, by reason of their long experience, have a perfect 
knowledge of the work. Nearly all of these subordi- 
nates are under the civil service rules (390), and can be 
discharged only for good cause. Each department is sub- 
divided into " Bureaus," and all routine business is immedi- 
ately referred to one of these, where it is settled. The 
nature of the transactions by the respective departments 
is similar to that performed by the corresponding ones 
in the states, only its scope is more extensive. At the 
opening of each session of Congress, and whenever called 
upon, each secretary makes a report to Congress, con- 
taining recommendations. 

380. Secretary of State. — The Secretary of State for the 

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United States performs the same duties for the national 
government as does the corresponding officer in each state 
for his state government, and some in addition. The Con- 
stitution forbids any of the states to enter into any treaty, 
alliance, or confederation with any foreign state, and hence 
the whole foreign policy of the country is in the hands 
of the President, who directs it through his Secretary 
of State. This officer negotiates all treaties, issues the 
instructions to our foreign ministers, presents ambassa- 
dors and ministers from foreign countries to the Presi- 
dent, issues passports to any of our citizens who wish to 
travel abroad, and it is to him that the territorial governors 
report. 

381. Secretary of the Treasury. — Subject to the approval 
of the President, the Secretary of the Treasury has charge 
of the financial policy of the government. This depart- 
ment attends to the coining of all metallic money, and 
hence has charge of the mints (120); it also issues certifi- 
cates that circulate as money, which are printed by the 
Bureau of Engraving and Printing (121). The officer 
next in rank to the Secretary is the United States Treas- 
urer, to whose custody are intrusted the funds of the 
nation. This department keeps a strict account with all 
the other departments, and their financial dealings are 
carefully inspected by treasury officers called auditors. 
The amount of business is so vast, so varied, and withal 
so important that a great number of subordinates is 
employed, among whom is a corps of detectives belong- 
ing to the " secret service," and whose duty it is to run 
down counterfeiters, smugglers, and the so-called " moon- 
shiners." The national banks of the country (151) are 

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AIDS TO THE NATIONAL EXECUTIVE 

under the charge of an officer of the Treasury, known as 
the Comptroller of the Currency. 

382. Secretary of War. — Under the President, the Secre- 
tary of War has charge of the military affairs of the nation 
in so far as they relate to the land forces. In time of war 
his duties are very onerous; but in times of peace the 
business is largely routine in its character, and is dis- 
tributed among the ten bureaus into which the depart- 
ment is divided. Besides the maintaining and equipping 
the army, the Secretary of War has general direction of 
the expenditure of large sums of money which are annually 
voted by Congress for the improvement of the rivers and 
harbors, and for the support of the United States Military 
Academy. This academy is located at West Point, in the 
state of New York, the purpose of the school being to 
educate young men from the different states to become 
officers in the regular army. The students are called 
"cadets." Each member of Congress is entitled to ap- 
point one cadet, and the President appoints one from each 
territory, one from the District of Columbia, and ten at 
large. None of these are admitted, however, unless they 
are able to pass a satisfactory examination, which is both 
physical and intellectual in its nature. The expenses of 
each cadet is paid by the government ; but after gradua- 
tion each must serve for two years in the regular army. 

383. Secretary of the Navy. — The Secretary of the 
Navy sustains the same general relations to the marine 
forces of the nation as does the Secretary of War to the 
land forces. As in the case of the War Department, so 
here the routine business is transacted through several 
bureaus, the duties of the secretary being much greater 

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in times of war than when there is peace. The Naval 
Academy at Annapolis in the state of Maryland is organ- 
ized upon a plan similar to that of the Military Academy 
at West Point, the cadets being obliged to serve two years 
in the navy after their graduation. They are admitted 
between the ages of fourteen and eighteen, and the length 
of the course of study is six years. They are called " cadet- 
midshipmen." 

384. Postmaster General. — Among the officers in the 
several state governments there is no one whose duties at 
all resemble those of the Postmaster General, for the postal 
system is now, and always has been, under the sole charge 
of the national government. This is the oldest of the 
executive departments, having been organized in 1775, 
with Benjamin Franklin as the first Postmaster General. 
No department so well illustrates the wonderful growth 
and development of this country as does this. In 1775 
we had only seventy-five post-offices, now there are more 
than a thousand times as many ; then the annual receipts 
were less than $27,000, now they are more than a million 
times as much. In 18 16 it cost twenty-five cents to send 
a letter weighing less than an ounce four hundred miles, 
now you can send one weighing one ounce four thousand 
miles for two cents, and hundreds of mail-bags filled 
with parcels of merchandise weighing less than four 
pounds each are conveyed to all parts of the country at 
a cost of one cent an ounce. In 1864 the money order 
system was established. In the cities no resident ever 
thinks of going to the post-office for his mail, except per- 
haps on Sunday ; but his letters and papers are delivered 
to him by mail-carriers wearing the livery of the govern- 

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AIDS TO THE NATIONAL EXECUTIVE 

ment, and the free-delivery system is being rapidly ex- 
tended to the rural districts. To conduct this immense 
business requires thousands of employees, all of whom are 
indirectly under the control of the Postmaster General. 

385. The Attorney General. — The department of justice 
is presided over by the Attorney General, whose duties are 
essentially the same in their nature as are those of the 
attorney generals in the state governments (328). He is 
assisted by a Solicitor General, who is the second officer 
in rank, and there are also other attorneys and solicitors 
connected with the department. The Attorney General, 
either personally or by his assistants, performs the follow- 
ing duties : — 

1. He conducts all suits to which the United States is 
a party, either in the Supreme Court or in any other court, 
when requested by the head of a department. 

2. Exercises general supervision over all district attor- 
neys and marshals in the district or other courts of the 
United States. 

3. Gives advice in writing to the President or to the 
heads of the departments when requested. 

4. Examines titles to lands when for any reason the 
government desires to purchase the same. 

5. Performs such other duties for the government as 
the office requires. 

386. Secretary of the Interior. — Just as the State Depart- 
ment has to do with the foreign affairs of the nation, so does 
the Interior Department have in charge the home affairs. 
The business is distributed among several bureaus, which 
are presided over by officers called, with one exception, 

" commissioners." 

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i. The Pension Office. — The Commissioner of Pensions 
examines and decides upon all claims made by soldiers and 
sailors for pensions and bounties granted under the laws 
of Congress. In the year 1901 there were 997,735 on 
the rolls to whom were paid approximately $140,000,000. 

2. Land Office. — The Commissioner of the Land Office 
superintends the surveying and the selling of all the lands 
in the public domain (64). The amount of business trans- 
acted has been enormous (73), and there are millions of 
acres of land yet to be surveyed and sold. 

3. Patent Office. — The Constitution gives to Congress 
power " to promote the progress of science and useful arts 
by securing, for a limited time, to authors and inventors, 
the exclusive right to their respective writings and dis- 
coveries." In the case of an invention, this right is called 
a " patent"; in case of a writing, it is a "copyright." 
A patent is valid for fourteen years, but the time may be 
extended ; a copyright is good for twenty-eight years, and 
the term may be extended fourteen years. 

4. Indian Affairs. — The Commissioner of Indian Affairs 
has charge of all those Indians in any of the states or ter- 
ritories that still preserve their tribal relations. Each of 
these tribes now lives upon a " reservation," which is a 
portion of the public domain (64) set apart for their use. 
Each reservation is controlled by an agent whose duty 
it is to protect the Indians in the enjoyment of those 
rights which the United States has secured to them by 
treaty. 

5. Census Bureau. — Beginning with 1700, the general 
government has taken a census at the end of every decade. 
This is not merely an enumeration of the people, but also 

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AIDS TO THE NATIONAL EXECUTIVE 

contains a great amount of information helpful to the 
business interests of the country. It may be compared 
to the inventory which the merchant takes at the close 
of the year to find whether or not his venture has proved 
profitable. The first census reported nearly four million 
people, nearly seventeen and one-half per cent of whom 
were slaves. The Geological Survey and the Office of 
Education belong to the Department of the Interior. 

387. Secretary of Agriculture. — Previous to 1889 this 
was an independent department (388) under the charge 
of a Commissioner of Agriculture ; but it was then raised 
to the dignity of a cabinet position, and the head of it 
was called the " Secretary of Agriculture." There are 
several bureaus in this department, but two are of special 
importance. 

1 . Experiment Stations. — In all the states and terri- 
tories the government maintains model farms to find out 
the kinds of plant growth best suited to the nature of 
the soil. These farms are under the direct charge of 
scientific men, who keep a very careful record of every- 
thing that pertains to the cultivation, growth, and yield 
of the crop, the results being published and distributed 
among the farmers. In this way they are enabled to 
change the nature of their farming operations, often 
with great profit, and always without any great danger 
of loss. 

2. Weather Bureau. — One of the most useful services 
rendered to the people by the government is performed 
by the "Weather Bureau." All over the United States 
and upon the islands of the sea near the coast signal 
stations are maintained where officers watch carefully the 

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condition of the weather, and make daily and sometimes 
hourly reports to the central office in Washington. By 
means of these reports the chief officer at Washington is 
enabled to predict with great accuracy the probable state 
of the weather for the ensuing twenty-four hours, and thus 
be of invaluable assistance to farmers, and especially to 
vesselmen, who are warned of an approaching storm. 

388. Independent Departments. — Besides these eight 
great departments the heads of which are officers of the 
Cabinet, there are others whose chiefs have not yet been 
thus honored. Among these are the Fish Commission, the 
Labor Department, the Bureau of American Republics, 
and the Government Printing-office, whose duties are 
fairly well indicated by their titles. Here too may be 
classed the Smithsonian Institution (391). 

TOPICAL ANALYSIS 

i. Cabinet government in England. 

2. Advisers to the governors ; the inner circle. 

3. The American Cabinet ; its selection. 

4. English and American systems compared. 

5. Organization of departmental business. 

6. Secretary of State. 

7. Secretary of the Treasury. 

8. The Secretary of War. 

9. The Secretary of the Navy. 

10. The Postmaster General. 

11. The Attorney General; five duties. 

12. The Secretary of the Interior; different departments. 

13. The Secretary of Agriculture; experiment stations ; weather 
bureau. 

14. Independent departments. 

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AIDS TO THE NATIONAL EXECUTIVE 



QUESTIONS AND EXERCISES 

i. What are some of the duties of the Interstate Commerce 
Commission ? 

2. Give the historical derivation of the word "cabal." 

3. Mention the Cabinet officers in their order. 

4. The crime of smuggling is an offence against what law? 

5. What three great statesmen have held the office of Secretary 
of State ? 

6. In what way has the Experiment Station in this state benefited 
the farmers ? 

7. Give an instance of a great storm foretold by the Weather 
Bureau. 

8. What is a "training ship"? 

9. Give in their order of importance five valuable patents granted 
by our government. 

10. Make a list of five books written by American authors which 
you have read. 



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XXXV 

DOMESTIC AND FOREIGN RELATIONS 



389. The Civil Service. — By this is meant those officers 
who are engaged in conducting the domestic affairs of the 
nation. There are more than one hundred thousand of 
them, less than five hundred being elective (367). If the 
President is to be held responsible for the proper working 
of the governmental machinery, he ought to have something 
to say as to who should operate it. This power is given 
him by the Constitution ; but as no human being could pos- 
sibly spend the time to become acquainted with the merits 
of individual applicants, it is provided that he shall be as- 
sisted in his choice by the Senate. The Constitution also 
permits Congress to vest in the courts of law, the heads of 
departments, or even in the President himself, the right to 
appoint inferior officers. 

Our civil officers are, therefore, divided into superior 
and inferior, there being about four thousand of the former 
class, known as " Presidential," and an indefinite number 
of the latter. In theory the President selects all of these 
four thousand from among the best applicants, the advice 
and consent of the Senate being to prevent any unfit 
selection ; in reality the senators from each state dictate 
all of these appointments within their respective states. 
This practice has given rise to the term " senatorial 

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DOMESTIC AND FOREIGN RELATIONS 

courtesy." The Senate has never yet refused to confirm 
the nominations of the President for members of his Cabi- 
net ; but, as to his other nominations, he is very careful to 
consult the wishes of those senators more particularly in- 
terested, and to make his recommendations accordingly. 

390. Civil Service Reform. — As to the appointment of 
the inferior officers, there are two systems, — the " merit " 
and the ''spoils." The theory of the first is that no one 
should hold an office who is not competent to fill it, and 
that he should be retained only so long as he is able to dis- 
charge its duties satisfactorily. The second theory holds 
" that to the victor belong the spoils." Under the early 
administrations few removals were made except for cause ; 
but after 1828 it became the practice, whenever a new 
party went into power, to discharge all the old office- 
holders, and to replace them with those who agreed in 
politics with the new party. These officers were then ex- 
pected to pay a percentage of their salaries toward creat- 
ing a campaign fund (268) to secure the success of their 
party at the next election. Thus the offices, instead of 
being looked upon as a public trust, were considered as so 
much plunder to be divided among the party workers ; 
men were appointed without reference to their fitness ; and 
the public service was greatly injured. 

Civil service reform aims to correct these abuses. In 
1883 Congress passed a law dividing these inferior offices 
into "classified" and "unclassified"; it created a com- 
mission consisting of three members, and required all the 
candidates for any of the classified offices to pass a com- 
petitive examination upon questions prepared by this 
commission. These examinations are held at the custom 

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houses, post-offices, and other places in the various states, 
and any one who wishes may take them. When a vacancy 
occurs, the one holding the highest percentage is chosen. 

391. Education. — The national government has no sys- 
tem of education, this being left to the states. The Office 
of Education is a bureau in the Department of the Interior, 
and the chief officer is called the Commissioner of Educa- 
tion. The principal duty of this bureau is to gather infor- 
mation as to the school systems of this and foreign nations 
and to publish it in an annual report, which is sent to all 
the larger educational institutions of the country. For the 
establishment and support of agricultural experiment sta- 
tions, Congress has appropriated $15,000 annually to each 
state and territory which maintains an agricultural college, 
or an agricultural department in some other college or 
university. 

1. Smithsonian Institution. — In 1835 the United States 
government came into possession of $515,169, which was 
willed to it by James Smithson, a British subject, to found 
an institution for " the increase and diffusion of knowledge 
among men." With these funds the Smithsonian Institu- 
tion was founded by Congress in 1846, the President of 
the United States being the chairman of its board of di- 
rectors. It seeks to carry out the purpose for which it 
was founded mainly by its publications, which are of great 
value and widely distributed. Connected with this and 
under the same management are the National Museum 
and the Bureau of Ethnology. 

2. Indian Schools. — While the national government 
does not maintain a national system of schools, yet it does 
provide liberally for the education of Indian children, who 

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DOMESTIC AND FOREIGN RELATIONS 

are looked upon as its wards. Located at different points 
on the reservation, which is sometimes hundreds of miles 
in extent, are small schools corresponding to those in the 
rural districts of the states. At the headquarters of the 
agency there are larger ones to which children are ad- 
mitted from all parts of the reservation, and where they 
are clothed, fed, and taught at government expense. 
These may be compared to the ward schools in the cities. 
The government also maintains higher schools, as at 
Carlisle, Pennsylvania, and Phcenix, Arizona, into which 
are gathered the more promising children from the reser- 
vations. In all of these the pupils are taught how to read 
and speak English, but special attention is given to teach- 
ing them how to work. The boys learn to be farmers, 
carpenters, printers, or to follow almost any occupation 
which may afford them a living in after years, while the 
girls are taught dressmaking and domestic economy. 

392. Public International Relations. — The United States 
is only one of a large number of nations, each of which is 
independent of the other in somewhat the same way as are 
individual families (33). But just as the latter are bound 
together by national law, so are the nations of the earth 
united by international law (160), the basis of both kinds 
being custom. International laws are either public or 
private in their nature, the former treating of the political 
rights which each state shall enjoy as one of a community 
of nations. It includes the settlement of claims between 
individual nations ; but is chiefly concerned with the 
duties of neutral nations in time of war, the treatment of 
prisoners, the ownership and preservation of property 
upon the high seas, and it prescribes the forms which 

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shall regulate the conduct of nations in their intercourse 
with each other. There is no permanent international 
legislature; but a temporary one composed of delegates 
from each of the great nations may be called into existence 
when occasion requires. Such was the Congress of Vienna 
which rearranged the map of Europe after the defeat of 
Napoleon at Waterloo. The chief sources of international 
law are the decisions of international courts created for a 
special purpose, the Roman law, and the works of text- 
writers. The executive department consists of an inter- 
national military force, some troops being contributed by 
each nation, and the whole placed under the command of 
one general, as in the Chinese War in 1900. There is no 
permanent international judiciary; but disputed claims be- 
tween nations are often submitted to courts of arbitration. 

393. Private International Law. — Private international 
law treats of the civil rights which the subjects of one 
nation shall enjoy within the territories of another. These 
are regulated to a certain extent by custom, but more par- 
ticularly by treaties, which are agreements entered into by 
two or more nations. The right to make a treaty belongs 
to a sovereign state (307), and hence is denied to the states 
of the union. The President negotiates all treaties in this 
country through the Department of State, but they must 
be approved by a two-thirds vote of the Senate (369). 
The House of Representatives may also defeat a treaty, if 
money is to be appropriated to carry out its provisions. 
Whenever a state law conflicts with a treaty it is void. 

1. The Diplomatic Service consists of those officers whose 
duty it is to transact business between this and foreign 
countries. The highest in rank is called an Ambassador ; 

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DOMESTIC AND FOREIGN RELATIONS 

the second, Envoy Extraordinary and Minister Plenipoten- 
tiary ; and the third, Minister Resident. Quite generally 
the term " minister " is applied to all three. These officers 
receive from $10,000 to $17,500, the latter sum being paid 
only at Paris, London, St. Petersburg, and Berlin. The 
President receives all foreign ministers (380), and ours are 
presented to the king, queen, or chief ruler of the nation 
to which they are sent. Each minister's official family, 
called the legation, consists of a secretary and such clerks 
as may be deemed necessary. The minister, acting under 
the direction of the State Department, assists in negotiat- 
ing treaties, looks after the interests of American citizens, 
and seeks to promote friendly relations with the government. 

2. The Consular Service is organized to enforce the com- 
mercial laws, to protect the rights of American citizens, 
and to assist our commercial, manufacturing, and agricul- 
tural interests by giving to the State Department such 
information as will aid in introducing our products into 
foreign countries. There are about thirty consuls general, 
some of whom are ministers resident, and over three hun- 
dred consuls. They are stationed at the chief seaports, take 
charge of the estates of American citizens dying abroad, 
and look after the interests of American vessels and sea- 
men. In China, Turkey, and in those countries where the 
administration of justice does not accord with our ideas of 
fairness, the consul also acts as a magistrate having both 
civil and criminal jurisdiction. Elsewhere such matters are 
intrusted to the courts of the country. 

394. The Army. — No government would be able to pre- 
serve domestic tranquillity, nor command the respect of 
other nations, if it could not repress disorder at home and 

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make war upon any nation which should trespass upon 
the rights of its citizens. To accomplish this the United 
States possesses a military establishment consisting of an 
army and a navy. 

1. The Regular Army consists of fifteen regiments of 
cavalry, thirty regiments of infantry, thirty batteries of field 
artillery, one hundred and twenty-six companies of coast 
artillery, and three battalions of engineers. The enlisted 
men in two regiments of infantry and two of cavalry are 
colored. Up to the time of the Spanish- American War the 
number of enlisted men in the army could not exceed thirty 
thousand, but the limit has been increased to one hundred 
thousand. All enlistments are for a term of five years. 
Recruits on entering the army for the first time must be 
effective, able-bodied men, and between the ages of sixteen 
and thirty-five years at the time of their enlistment ; but 
this limitation as to age does not apply to soldiers who re- 
enlist. Minors under the age of sixteen, insane or intoxi- 
cated persons, deserters from the military service of the 
United States, and criminals, will not be accepted. No 
minor over sixteen will be mustered in without the consent 
of his parents or guardians, provided he has such parents 
or guardians entitled to his custody or control. 

2. Military Rank is that character or quality bestowed 
upon military persons which marks their station, and gives 
them the right to exercise military control within the limits 
prescribed by law. As to their rank, members of the army 
are divided into commissioned officers, non-commissioned 
officers, and musicians, artificers, and privates. The term 
" officer" includes only commissioned officers, all the rest 
being called " soldiers." The highest officer is the " general 

278 



DOMESTIC AND FOREIGN RELATIONS 

of the army," and the lowest in rank is the second lieu- 
tenant. The corporal holds the lowest rank as a non-com- 
missioned officer. The pay of the general of the army is 
$13,500 per annum, while the private receives $13 per 
month during the first year of his enlistment. The pay of 
those holding intermediate ranks is found between these 
two sums. 

3. Bureau of Military Justice. — This consists of one 
judge advocate general, with the rank of brigadier general, 
and one assistant, with the rank of colonel of cavalry. 
There are also eight judge advocates of the army, with the 
rank of major of cavalry, who perform their duties under 
the direction of the judge advocate general. Courts-martial, 
or military courts, are of two kinds, — general and regi- 
mental, or garrison. Capital offences are tried by general 
courts-martial, which consist of not less than five nor more 
than thirteen members ; but a soldier for an offence not 
capital may be tried by a garrison court-martial consisting 
of three members. In time of war soldiers charged with 
offences not capital are tried by a field officer detailed for 
that purpose. A military prison is maintained by the gov- 
ernment at Rock Island, Illinois. 

4. Educational. — The United States is divided into 
territorial departments, each of which is under the com- 
mand of a major general assigned by the President. 
Within these territorial divisions are " posts " established 
by the Secretary of War, each of which is garrisoned by one 
or more companies of soldiers. Practical and theoretical 
instruction is given to the officers in the science and art of 
war ; post schools are organized for the enlisted men, the 
school terms aggregating not less than four months each 

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year, the teachers being appointed by the commanding 
officer, and the branches taught being such as can be 
pursued with profit. Schools for the instruction of the 
children of the officers and of the enlisted men are also 
organized when there are no convenient educational privi- 
leges. Libraries and reading rooms are also furnished, 
and the soldiers are encouraged to erect buildings for 
bowling alleys and other amusements. Service schools 
are maintained as follows : An artillery school at Fort 
Monroe, Virginia ; an infantry and cavalry school at Fort 
Leavenworth, Kansas; a cavalry and light artillery school 
at Fort Riley, Kansas ; and a medical school at Washing- 
ton, D.C. The chief training school is the military 
academy at West Point, New York (382), to which cadets 
are admitted between the ages of seventeen and twenty- 
two years. 

395. The Navy. — The navy of the United States is 
organized upon a plan similar to that of the army. The 
officers are divided into three classes, — line, warrant, and 
petty. There are eleven ranks in the officers of the line, 
the highest being that of admiral, corresponding to that of 
general of the army, and the lowest being the midship- 
man. The ensign, who is next in rank above the mid- 
shipman, corresponds to the second lieutenant in the 
army. After five years' service the President may ap- 
point boatswains, gunners, carpenters, and sailmakers to 
a rank equal to ensigns ; and after ten years' service to a 
rank equal to that of master, or first lieutenant in the 
army. These are called "warrant officers." All others 
are termed " petty officers." The admiral receives $13,000 
per annum, and the midshipman $1000 when at sea and 

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DOMESTIC AND FOREIGN RELATIONS 

$800 when on shore duty. The cadet-midshipman re- 
ceives $500 (383). The pay of petty officers, seamen, and 
others is fixed by the President, but the aggregate amount 
must not exceed the appropriation. The marine corps is 
a body of troops specially trained for military duty on 
shipboard. 

For the construction and repair of war vessels the gov- 
ernment maintains shipyards, and also arsenals for the 
storage of arms and ammunition. The total number of ves- 
sels constituting the navy is divided into squadrons, which 
are assigned to duty in various parts of the world. Each 
squadron is under the command of a line officer not lower 
in rank than a commander, who is next below a captain. 
He receives his appointment from the President and has 
the title of "flag-officer." The discipline in the naval 
service is necessarily more strict than in the army, and 
every one must yield implicit obedience to the captain of a 
ship. Line and warrant officers can only be confined for 
a period of ten days, unless a longer period is necessary to 
bring the case before a court-martial; but petty officers 
and others may be imprisoned in irons, placed in solitary 
confinement for seven days, or given extra duties. 

TOPICAL ANALYSIS 

i. The civil service ; superior and inferior officers. 

2. Civil service reform ; the classified service. 

3. No national system of education ; Smithsonian Institution ; 
Indian schools. 

4. Public international relations. 

5. Private international law; the diplomatic service; the con- 
sular service. 

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6. The army ; its composition ; military rank ; bureau of mili- 
tary justice ; educational features. 

7. The navy ; discipline on men-of-war. 

QUESTIONS AND EXERCISES 

1. When neither senator from a state belongs to the same party as 
the President, who then dictates the appointments for that state ? 

2. Give some objections to the method of appointment by competi- 
tive examination. 

3. Ought the Commissioner of Education to be a Cabinet officer ? 

4. What subjects are included under domestic economy ? 

5. Give another example of an international legislature. 

6. Name the five great nations of the world in the order of their 
strength. 

7. Is $17,500 per annum a large salary for the minister at the Court 
of St. James ? 

8. How does an arsenal differ from an armory ? 

9. Give an account of the battle of Manila. 

10. How many of our Presidents have also held the rank of general 
in the army ? 



282 



XXXVI 

THE NATIONAL LEGISLATURE 



396. National and State. — The Congress of the United 
States consists of two houses, a Senate and a House of 
Representatives, usually for the sake of brevity called the 
House. It is organized upon the same plan, transacts its 
business in a similar manner, its members enjoy the same 
freedom from arrest (338), and are subject to influences 
of a character like to those employed in the legislatures 
of the states (344). The national differs from the state 
legislature chiefly in the nature of the laws which it passes, 
in the size of its membership, the number and importance 
of its committees, and the generally enlarged scale upon 
which everything is done. 

397. Sessions of Congress. — The term of a Congress 
begins at twelve o'clock noon on the fourth day of March 
in the odd-numbered years, and continues exactly two 
years. The Constitution, however, provides that the first 
meeting of a new Congress shall begin on the first Monday 
of December, and as the first Congress met on that date 
in 1789, the first session of every succeeding Congress has 
fallen upon the odd-numbered years. This is called the 
long session, because there is nothing to prevent its lasting 
until the first of the succeeding December, and it usually 
does continue until midsummer. The short session is 
limited in its duration to a little over three months. 

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398. The Senate. — The Senate of the United States is 
composed of two members from each of the several states 
of the Union, who are elected for a term of six years. As 
only one-third of the senators retire every two years, and 
as very many of these are reelected, the Senate may be 
looked upon as a permanent body. This feature, together 
with its comparatively small size and the ability of its 
members, makes it very influential. 

1. Special Powers. — The Senate is an executive, a 
legislative, and a judicial body. It acts as a check upon 
the President in making appointments (389), and when 
considering his nominations holds an executive session 
from which the general public is excluded. It forms an 
essential part of the treaty-making power, with which the 
House has ordinarily nothing to do ; prevents the passage 
of many unwise measures often introduced into the House 
for political effect ; and by reason of the greater famil- 
iarity of the senators with public affairs, is able to correct 
the mistakes into which the less experienced members of 
the House are liable to fall. The Senate acts as a court 
of impeachment (323) for high political officers, and is the 
sole judge of the qualifications of its own members. 

2. Organization. — The chief officer of the Senate is 
the Vice-President, whom it elects upon any failure of the 
electoral college to do so (374). It also chooses a president 
pro tempore to serve in the absence of the Vice-President. 
It selects its committees by ballot, and rearranges them 
every two years upon the coming in of the new senators. 

3. Membership. — A senator is elected by a majority 
vote of the two houses of his state legislature in joint 
session, after each house has cast a separate ballot. If, 

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THE NATIONAL LEGISLATURE 

for any reason, a vacancy should occur while the legisla- 
ture is not in session, the governor makes a temporary 
appointment; but the appointee cannot hold the position 
longer than until the close of the session immediately 
following, and the state will then have only one senator 
until the legislature does make a selection. A senator 
must be at least thirty years old, an inhabitant of the 
state he represents, and must have been a citizen of the 
United States for nine years immediately preceding his 
election. The salary of a senator is $5000 a year and 
necessary travelling expenses. He is exempt from arrest 
on a civil warrant (179) during the session of Congress, 
and while on his way to and from the national capital. 

399. The House. — The national House consists of rep- 
resentatives from every state in the union, who are elected 
from congressional districts for a term of two years. As 
all of the members go out of office at the same time, the 
House must be considered a transient body. Enough of 
the old members, however, are always returned to be of 
great assistance in organizing the new House. 

1. Ratio of Representation. — Each state is entitled to 
at least one member in the House. Where it is entitled to 
more than one, the number is found by dividing the total 
population of the state as shown by the last census of the 
United States, excluding Indians not taxed, by the con- 
gressional ratio of representation. This ratio is the quotient 
arising from dividing the total population of the United 
States according to the last census, excluding Indians not 
taxed, by the number of members the House is to contain 
after the new apportionment, which is had after each de- 
cennial census. The Constitution fixed the size of the 

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House at sixty-five until after the first census should have 
been taken. The first ratio was made 33,000, under which 
the Third Congress had 105 and the Fourth 141 members. 
At present the House has 386 members, the ratio being 
193,141. Each territory is entitled to one delegate, who 
may speak but not vote (299). 

2. Special Powers. — The House for the most part is 
a legislative body, but acts in an executive capacity when 
it brings to trial a high government official before the bar 
of the Senate sitting as a court of impeachment. Bills 
calling for an appropriation of money must be introduced 
into the House, and this fact might give it in some 
instances the power to defeat a treaty. It is the sole 
judge of the qualifications and election of its own mem- 
bers. It elects the President when there is no choice in 
the electoral college. 

3. Organization. — The chief officer is the speaker, 
whom the most numerous political party in the House 
elects from its own members. He is always a member 
who has served one or more terms, for one without this 
experience could not properly perform the duties of the 
office. Next to the President, the speaker is the most 
powerful officer in the government. This is because he 
appoints all the committees, and may refuse to allow any 
one to speak upon a bill. In this way he can largely con- 
trol legislation. The speaker receives $8000 a year and 
travelling expenses. The house has a sergeant-at-arms 
and deputies, doorkeepers, pages, and other officers to 
preserve order and to assist the members in the despatch 
of business. 

4. Congressional Districts. — Each state having more 

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THE NATIONAL LEGISLATURE 

than one representative is divided into districts, which 
shall contain as near as may be a population equal to 
the ratio of representation. The intention is to form a 
compact territory ; but sometimes to gain a political ad- 
vantage the counties will be joined in almost any way so 
long as they are contiguous, and we often have " shoe- 
string " districts. Missouri, it is said, once contained a 
district longer than the state itself, so formed as to con- 
tain a large number of negroes. A district in Massachu- 
setts of this character was once given wings and claws 
by a noted artist, and because Elbridge Gerry, then gov- 
ernor of the state, was supposed to have been the author 
of it, the thing was called a gerrymander. This was an 
injustice to Governor Gerry, who was opposed to the 
plan. Sometimes a member is elected by the whole state, 
and is then called a congressman-at-large. To vote for 
a congressman one must also have the right to vote for 
a member of the most numerous branch of the state legis- 
lature (85). 

5. Membership. — A representative must be at least 
twenty-five years old, have been for seven years a citizen of 
the United States, be an inhabitant of the state from which 
he is sent, and custom has decreed that he shall also be 
a resident of the district he represents. When a vacancy 
occurs, the governor issues a writ of election to fill it. 
A representative receives the same salary and the same 
allowances for travelling expenses as does a senator. Each 
senator and representative is allowed a clerk. 

400. The Committee System. — The method of enacting 
laws in the national legislature is about the same as in the 
state (340, 341), except that more is intrusted to the com- 

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mittees. These are classified as " standing," which act 
through two sessions, and " select," or such as are given 
charge of particular subjects of current interest. To some 
one of these committees each and every bill is referred ; 
arguments and evidence are produced for and against it ; 
and in most instances the decision of the committee seals 
its fate. 

This system has been criticised because it destroys the 
unity of the House as a legislative body ; prevents the 
capacity of the best members from being brought to bear 
upon any one piece of legislation ; cramps debate ; lessens 
the cohesion of legislation ; gives facilities for the exercise 
of corrupt and underhand influences ; reduces the responsi- 
bility of the whole House and of every member not on the 
reporting committee, and throws undue power into the 
hands of the chairmen of the more important committees. 
On the other hand, it enables the House to deal with a far 
greater number of measures ; kills off many unimportant 
and even dangerous bills ; permits a close scrutiny of the 
administrative departments; and secures to the House 
sufficient time for the consideration of those subjects which 
are of vital importance to the nation. 1 Every system is 
open to criticism and improvement ; and the very fact that 
the dangers mentioned are so well understood is a safe- 
guard against their occurrence. 

401. Congressional Legislation. — In considering the 
nature of the laws passed by Congress, it must be borne 
in mind that the whole American system of government 
aims to intrust local measures to local bodies, reserving to 
higher bodies subjects of general interest (301). The law- 

1 Bryce's American Commonwealth. 



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THE NATIONAL LEGISLATURE 

making power in any government determines its form (20), 
and the name makes little difference. It is the nature of 
the laws that marks the real distinction between a republic 
and a monarchy. In name Mexico is a republic ; in fact, 
it is a despotism as real as though the President bore the 
title of emperor, and wore his crown for life. Congress 
has more power than does the judicial or executive depart- 
ments, because the former cannot interpret nor the latter 
enforce a law that does not exist. If Congress refuses to 
enact, the other departments are helpless. 

If, therefore, you should examine the Revised Statutes 
of the United States, you would search in vain for any law 
relative to the disposition of property by will, to com- 
mercial paper, or to the government of cities and villages, 
for these are topics which are intrusted wholly to the state 
legislature. But when the subject is one which affects the 
citizens of various states, then Congress may act. The 
national legislature will not enact a law regulating the sale 
of liquor at retail within a state ; but it will require the 
authorities of one state to permit the sale of liquor in an 
original package sent into the state by a citizen of another 
state for the express purpose of sale. Hence you will find 
an act creating a commission on interstate commerce, and 
defining its powers. 

402. Express Powers. — The Constitution of the United 
States expressly confers upon Congress the right to legis- 
late upon seventeen different subjects (Art. I, Sect. 8), 
and the following section specifies nine restrictions. The 
number is so small and the words used are so few that 
the whole might be learned in an afternoon ; but to each 
statement has been given a breadth of meaning which 



TRAINING FOR CITIZENSHIP 



does not appear on the surface. For instance, the power 
is given " to regulate commerce with foreign nations, 
and among the several states, and with the Indian tribes." 
The meaning of the word " commerce " is not, however, 
to be confined to traffic, to the buying and selling com- 
modities (118); but it comprehends commercial inter- 
course of whatever nature, whether by ships, railroads, 
telegraphs, or telephones, and however conducted, pro- 
vided it be not confined within the boundaries of a single 
state. Probably the most important of these express powers 
is the right to borrow money, levy and collect taxes, and to 
pay debts. 

403. Implied Powers. — As an incident to every express 
grant there must be attached the right to provide the 
means necessary to render that grant effective. Hence 
the power given to Congress to establish a system of 
courts inferior to the Supreme Court, carried with it im- 
pliedly the power to prescribe the limits of jurisdiction, 
provide judges, and appoint court officers. No one has 
ever held that there were no powers implied in the Con- 
stitution ; nor that all the powers to be exercised by the 
states were expressly reserved in the Constitution (Art. I, 
Sect. 10). But just where the line should be drawn be- 
tween these two views soon became a question of party 
politics, which to a certain extent divides the political 
parties of to-day. The Federalists, at whose head stood 
Hamilton, now represented by the Republicans, believed 
in a liberal construction of the Constitution, and hence 
were called " loose-constructionists " (28); the anti-Fed- 
eralists, now Democrats, with Jefferson as a leader, be- 
lieved in a close interpretation, and hence were termed 

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THE NATIONAL LEGISLATURE 

" strict-constructionists." The Federalists relied upon 
paragraphs I and 18 of Sect. 8, Art. I, of the Constitu- 
tion, sometimes called the " elastic clauses," to support 
their views ; while their opponents cited the Tenth Amend- 
ment. 

404. Magnitude of Business. — In comparing national 
with state affairs, one is particularly impressed with the 
magnitude of the former. Everything is done upon a 
large scale. The Senate contains more members than do 
several state legislatures ; the House has more than the 
legislatures of some two or three of the states combined ; 
and there are more persons in the employment of the gov- 
ernment than reside in some of the states. The most ex- 
pensive building in any city is likely to be the post-office ; 
the national capitol, the national library, and the depart- 
ment buildings are beautiful beyond description ; and even 
the yearly cost of maintaining one of them would be a 
handsome fortune to the most of us. The finest ships that 
float the ocean are some of our men-of-war ; including the 
pension list, the annual expense of maintaining our army 
runs into the scores of millions; and the total annual 
expenditures of the government aggregate hundreds of 
millions of dollars. At these material evidences of the 
greatness of our nation we are lost in astonishment ; but 
when we reflect that all this is but a small part of the real 
wealth of the country, and that both our population and 
resources are developing with giant strides, we can only 
dream how great our country will be in a century hence. 
Lord Rosebery, in speaking lately of what might have fol- 
lowed had the colonies remained with England, said that 
it might have resulted in the transfer of the seat of govern- 

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TRAINING FOR CITIZENSHIP 



merit to these parts, and the retention of Britain " as an 
historical shrine, the European outpost of the world's 
empire." 

TOPICAL ANALYSIS 

i. National and state legislatures compared. 

2. Sessions of Congress ; long and short terms. 

3. The Senate ; special powers ; organization ; membership. 

4. The House ; ratio of representation ; special powers ; or- 
ganization ; congressional districts ; membership. 

5. The committee system; criticism and defence. 

6. Congressional legislation ; nature of the laws of the United 
States. 

7. Powers of Congress ; express powers ; implied powers. 

8. Magnitude of subjects for congressional action. 

QUESTIONS AND EXERCISES 

1. Find the number of the Congress which was in session from 1861 
to 1863. 

2. How many senators did the Fifty-first Congress contain ? 

3. Should senators be elected by popular vote ? 

4. From the number of congressmen to which it is entitled find the 
population of this state according to the last census. 

5. Mention three great statesmen who have been speakers of the 
House. 

6. Given the membership of the House and the ratio of representa- 
tion; find the population of the United States, excluding Indians not 
taxed. 

7. Name the most important committee in the House. 

8. The right to levy taxes includes what implied power ? 

9. Mention other subjects with which Congress may not deal. 

10. Who is Lord Rosebery ? 

11. May one who is not a citizen of the United States ever vote for a 
congressman ? 



292 



XXXVII 

THE NATIONAL JUDICIARY 



" Few American institutions are better worth studying than this 
intricate judicial machinery; few deserve more admiration for the 
smoothness of their working ; few have contributed more to the 
peace and well-being of the country." 

— Bryce's American Commonwealth. 



405. Historical. — Under the Articles of Confederation 
there was no national judiciary; but in its stead were 
thirteen sets of state courts, each having the power to 
interpret and apply the acts of Congress for its own 
locality. Obviously if there was to be formed a " more 
perfect union " under the Constitution, the powers granted 
to the new national legislature, and the laws which it 
should pass by virtue of them, must be construed by a 
single set of courts at the head of which should stand a 
supreme, or final court of appeal. This system of courts 
must be entirely separated from the state tribunals ; must 
have its own officers to enforce its judgments and decrees 
(367) ; and must be made independent of the legislative 
and executive departments, except in so far as necessary 
to secure on the part of the judges a faithful discharge of 
their duties. The first object was attained by carefully 
specifying (Constitution, Art. Ill, Sect. 2) the classes of 
subjects which were to come within their jurisdiction ; the 

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second, by giving to Congress power to establish a com- 
plete system of courts with proper gradations, and pro- 
vided with all the necessary officers; and the third, by 
giving the judges a life tenure, subject only to impeach- 
ment by a two-thirds vote of the Senate, and a fixed salary 
which cannot be diminished during the judge's continu- 
ance in office. The territorial courts are not created by 
Congress under this power granted by the Constitution, 
but in the exercise of the general sovereignty of the 
United States over the territory it may possess. The 
judges of such courts may, therefore, be appointed for 
definite terms, and are removable by the President. 

406. Departments Interdependent. — In order to have 
the governmental machine work smoothly and effectively, 
it is necessary that each department should be independent 
in its own sphere, and also that each should support the 
other. By combining their forces and increasing the 
number of judges in the Supreme Court, Congress and 
the President could probably secure a decision favoring 
their views ; but such action would very likely receive a 
severe punishment at the ensuing election, for the people 
are proud of their Supreme Court, and would tolerate no 
such interference without the strongest reasons. If the 
President and judiciary should attempt to override con- 
gressional action, the remedy would be impeachment. 

The only way in which the Supreme Court could reach 
the President would be by a judgment or decree (282), 
which its marshal would be called upon to enforce. If 
the President should refuse to obey the marshal, the latter 
must, as a last resort, depend upon the military to assist 
him. This the President as Commander-in-chief would not 

2 94 



THE NATIONAL JUDICIARY 



permit, and thus the court would be powerless. If the 
President should decide not to allow an order of the court 
to be enforced, it could not be done. A case of this kind 
happened in 1861, when President Lincoln refused to per- 
mit a military commander to be released upon a writ of 
habeas corpus, issued by Chief Justice Taney. 

407. United States Commissioners. — The judicial officer 
lowest in rank in the United States government is the 
United States commissioner. The law provides that each 
of the district courts of the United States may appoint in 
the district for which it is held so many discreet persons as 
it may deem necessary to be United States commissioners. 
They are authorized to issue warrants for the arrest of 
persons charged with a violation of the laws of the United 
States, and to hold them to security of the peace ; to take 
bail and administer oaths in any civil case where required 
or allowed in the circuit or district courts ; to issue war- 
rants for the arrest of foreign seamen, and to apprehend 
and to commit to jail fugitives from justice from other 
countries, provided an arrest is authorized by treaty with 
the United States. Upon the criminal side these officers 
are committing magistrates, with powers similar to those of 
the justice of the peace (192), and must keep a record of 
all such proceedings. Upon the civil side they have no 
jurisdiction ; but like a notary they may take testimony 
for use in the district or circuit courts. The commissioners 
are paid by fees. 

408. District Courts. — The district court is the lowest 
federal court in rank, and covers the smallest extent of ter- 
ritory, there being one or more in each state. The district 
judge must reside in the district, and receives a salary 

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ranging from $3000 to $5000, with no allowance for travel- 
ling expenses. Each court is provided with a clerk and a 
marshal, and as many deputies as the circumstances re- 
quire. There is also a district attorney, who acts under 
the supervision of the Attorney General (385). At least 
two sessions of this court are held in each subdivision of 
the district, and as many special sessions as the judge may 
find necessary. For certain purposes these courts are con- 
sidered open at all times. 

The district court has jurisdiction of nearly all crimes 
and offences under the laws of the United States, com- 
mitted upon the high seas,* or within their respective dis- 
tricts, the punishment of which is not capital, and the trial 
is by jury. As a court of admiralty it has a jurisdiction 
well-nigh exclusive over vessels upon navigable waters, 
over prizes taken in war, and over all maritime contracts, 
which are such as relate to transactions upon navigable 
waters ; but the common law remedy is not taken away, 
and suits upon maritime contracts may also be brought in 
the state courts. Here also bankruptcy proceedings are 
brought. A bankrupt is a trader who is unable to pay his 
debts. The law provides that when such a debtor shall 
surrender all his property outside of his exemptions (39), 
the court may relieve him from any further liability. 

In criminal cases where the punishment is death an 
appeal lies directly to the Supreme Court; so also in 
prize cases where the amount is over $2000 ; also when 
the jurisdiction of the court is in issue, and when federal 
questions are involved ; but otherwise to the Circuit Court 
of Appeals. 

409. Court of Claims. — This court was organized to settle 

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THE NATIONAL JUDICIARY 



the claims of private persons against the federal govern- 
ment. It consists of a chief justice and four judges, and 
holds its sessions at the national capital. These claims 
must arise upon contract express or implied, and not from 
a wrongful act (162). Pensions and war claims are ex- 
cluded. The district courts have concurrent jurisdiction 
where the amount does not exceed $1000, and the circuit 
courts where the amount is between $1000 and $10,000. 
Heads of executive departments may refer certain classes 
of disputed claims to this court for settlement; but all 
claims will be barred by limitation if not presented within 
six years after the right of action accrues (213). An 
appeal will lie in most cases to the Supreme Court. 

410. Circuit Courts. — For judicial purposes (348:5) 
the several states of the union are combined into nine 
groups, in each of which is established a circuit court 
(280). To each one of these circuits one of the justices 
of the Supreme Court is allotted, who is called the circuit 
justice. It is the duty of the chief justice of the Supreme 
Court and of each associate justice to attend at least one 
term of the court in the circuit to which he is attached not 
less than once in two years. Each circuit has two judges, 
and seven of them have three circuit judges, each with 
the same power therein as the associate justice. The 
salary of a judge is $6000, and he must reside within the 
circuit. 

Regular terms of this court may be held by the circuit 
justice, or by either circuit judge, or by any two of the 
judges sitting together. Cases may be tried by each of 
the judges sitting apart by direction of the presiding justice 
or judge, who designates the business to be done by each. 

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Sessions may also be held at the same time in the different 
districts of the same circuit. 

The circuit courts have original and concurrent jurisdic- 
tion with the courts of the several states of all suits of a 
civil nature, at law or in equity (282), where the amount 
in dispute exceeds, exclusive of interest and costs, the sum 
of $2000, provided the claim arises under the laws of the 
United States. It has no appellate jurisdiction. It has 
exclusive cognizance of all capital crimes and offences 
arising under the laws of the United States, with a few 
exceptions, and concurrent jurisdiction with the district 
courts in other cases. Here also suits must be brought 
for infringements on patents and copyrights. Appeals lie 
directly to the Supreme Court, if there shall have been 
raised the question of jurisdiction, or when the penalty is 
capital ; but not otherwise, unless the decree or judgment 
exceeds $5000. 

411. Circuit Court of Appeals. — In each circuit there is 
a court of appeals, consisting of three judges, two of whom 
constitute a quorum. The chief justice of the Supreme 
Court, or the associate justice assigned to the circuit, the 
circuit judges within the circuit, and the several district 
judges within the circuit are competent to sit as judges 
of the Circuit Court of Appeals within their respective 
circuits. The supreme justice presides if he is present, 
otherwise the circuit judge who holds the oldest commis- 
sion. If there be not a full court at any time, one of the 
district judges may be called in. 

The jurisdiction of this court is wholly appellate. In 
criminal cases not capital the decision is final ; but where 
the penalty is death, an appeal lies to the Supreme Court. 



THE NATIONAL JUDICIARY 



In civil cases where the matter in controversy exceeds 
$1000 an appeal may also be had; but it must be taken 
within six months after the entry of the order, decree, or 
judgment sought to be reversed. 

412. The Supreme Court. — The Supreme Court of the 
United States consists of a chief justice and eight associate 
justices, any six of whom constitutes a quorum. No final 
hearing of any case can be had unless a quorum be present, 
but a less number may make preparatory orders. Each 
associate justice receives $10,000 a year, and the chief 
justice $500 additional. 

The Supreme Court has original and exclusive jurisdic- 
tion of all controversies of a civil nature where a state is a 
party, except between a state and its citizens, or between 
a state and citizens of other states, or aliens, in which last 
case it has original, but not exclusive, jurisdiction. It also 
has exclusive jurisdiction of suits or proceedings against 
ambassadors, or other public ministers (394), or their 
domestics, so far as a court of law can have consistently 
with the principles of international law ; and original, but 
not exclusive, jurisdiction of all suits brought by ambas- 
sadors, or other public ministers, or in which a consul or 
a vice-consul is a party. It is said that the decisions of 
our Supreme Court on international and admiralty law 
are more widely cited than those of any other tribunal 
in Christendom. 

The appellate powers of the Supreme Court are given 
by the Constitution ; but they are limited and regulated 
by statute. It is essential to appellate jurisdiction that it 
raises and corrects proceedings in a case already begun 
(177). In certain cases, as when the jurisdiction of the 

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lower court is called in question, an appeal may be made 
directly ; and instruction upon any point of law raised 
before it may be asked by some of the lower courts from 
the Supreme Court. The Supreme Court may issue writs 
of prohibition (349) to district courts when proceeding as 
courts of admiralty and maritime jurisdiction; and writs of 
mandamus (289) to any court appointed under the authority 
of the United States, or to persons holding office under 
the authority of the United States, where a state, or an 
ambassador or other public minister, or a consul or a vice- 
consul, is a party. Mandamus will not issue to compel an 
officer to act while the political department of the govern- 
ment has control; but if an officer should refuse to per- 
form a merely ministerial duty (271), the court would 
interfere. 

413. Common to the Courts. — The judges of the fore- 
going courts are nominated by the President and confirmed 
by the Senate ; are appointed for life ; must take the same 
oath ; are prohibited from practising law ; and each is 
entitled to resign and receive full pay for life after having 
held his office for ten years, provided he has arrived at the 
age of seventy years. The several judges and the com- 
missioners may issue search warrants authorizing any 
officer or person to enter a house to look for counterfeit 
money, or for tools used in its manufacture ; or to search 
for and seize merchandise upon which customs duties have 
not been paid ; or to discover frauds upon the revenue. 
The judges may issue the customary writs of habeas 
corpus (220) and others for the security of person and 
property, and to carry out their judicial orders ; grant new 
trials, and hold to security of the peace. In all the courts 

300 



THE NATIONAL JUDICIARY 



of the United States the parties may plead their own 
causes, or they may employ an attorney. Juries are drawn 
and trials are conducted after the manner pursued in the 
courts of the state where the trial is held. 

TOPICAL ANALYSIS 

i. Historical ; necessity for national judiciary; general plan. 

2. Departments interdependent; the courts and Congress; 
the President and the courts. 

3. United States commissioners. 

4. District courts ; organization ; jurisdiction ; appeals. 

5. Court of claims ; organization; jurisdiction; appeals. 

6. Circuit courts ; organization ; sessions ; jurisdiction ; appeals. 

7. Circuit Court of Appeals ; organization ; jurisdiction ; appeals. 

8. Supreme Court; organization; jurisdiction; supervisory 
powers. 

9. Powers common to all the courts. 

QUESTIONS AND EXERCISES 

1. From the Constitution find when one is entitled to a jury in 
a civil case. 

2. Who presides when a President is tried by impeachment? 

3. Why should the Supreme Court have original jurisdiction in 
the case of ambassadors and their servants? 

4. Give an account of the Dred Scott decision. 

5. Why was the Eleventh Amendment added to the Constitution? 

6. What is the duty of the Supreme Court reporter? 

7. Where is the district court held in this district? 

8. What great service did Chief Justice Marshall render this 
country ? 

9. Why should a judge reside within his district? 

10. Who appoints the district attorney ? 



301 



APPENDIX A 
FORMS FOR A CIVIL CASE IN A JUSTICE'S COURT 



As the purpose in conducting a class exercise in a civil case in a 
justice court is to make the pupils familiar with the local usage, it will 
be better to procure forms of some justice of the peace in the vicinity. 
For such as are unable to do this, the following forms are given : — 

No. i. 

SUMMONS 

In the Justice's Court of Township (or Precinct), 

County of , State of 



Plaintiff. 



Summons. 



Defendant. 

Action brought in one of the Justice's Courts of Town- 
ship, County of , State of 

In the name of the People of the State of . 

To , Defendant, Greeting : — 

You are hereby summoned and required to appear in an action 
brought against you by the above-named plaintiff in one of the Justice's 

Courts of Township, in and for the County of , 

in the State of , and answer to a declaration filed in said 

Justice's Court, on the day of , 19--, or judgment 

by default will be entered against you. 

Given under my hand at , this day of , 19--. 



Justice of the Peace for said Township. 
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No. 2. 

DECLARATION (COMPLAINT) 

In the Justice's Court of Township, County of , 

State of 



Plaintiff. 



Defendant. 

Plaintiff above named files this declaration against the above-named 
defendant, and alleges : — 

First, that plaintiff is a resident of County, State of 

, and that defendant is a resident of Town- 
ship in said County. 

Second, that on the day of , 19--, defendant 

became indebted to plaintiff in a large sum, to wit, the sum of 

Dollars ($ ) for ten thousand feet of beech and maple logs, 

sold and delivered to said defendant by , agent for 

plaintiff. 

Wherefore plaintiff demands judgment for $ , with interest 

and costs of suit. 



Atto>?iey for Plaintiff. 

No. 3. 

RETURN OF SUMMONS 

I hereby certify and return that I received the within summons on 

the day of , 19--, and that I served the same 

on the defendant named therein on the day of , 

I9__, by showing him the original and delivering to him a copy thereof 
at in said County. 



Fees, $ . Constable. 

304 



FORMS FOR A CIVIL CASE 



No. 4. 

FORM TO AUTHORIZE ONE NOT A CONSTABLE TO 
SERVE A SUMMONS 

In the Justice's Court of Township, County of 

State of 



Plaintiff. 



Defe7idant. 

On the request of the within named plaintiff, and deeming it expe- 
dient so to do, I hereby empower , who is a person of 

lawful age, and not a party to or interested in the suit, to execute the 
within process. 

Township, , 19--. 



Justice of the Peace. 
The Jury. 



No. 5. 

AFFIRMATION OF CONSTABLE 

You do solemnly affirm, that in the suit now pending before me 

wherein A B is plaintiff and C D 

is defendant, you will select according to your best judgment, and 
without favor or partiality to either party, the names of eighteen inhab- 
itants of this County who are qualified to serve as jurors in the County 
Court, and in nowise of kin to the plaintiff or defendant, nor inter- 
ested in said cause, from whom to form a jury for the trial of said 
cause. 

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No. 6. VENIRE 

Inthe Justice's Court of Township, County of , 

State of 

To any Constable of said County, Greeting : — 

In the name of the People of the State of , you are hereby 

required to summon A B , C D , 

E F ,G H ,1 J , 

and K L , to appear before the undersigned, one of 

the Justices of the Peace of the Township of , in said 

County, at in the noon, to make a jury for the trial 

of an action wherein A B is plaintiff and C 

D is defendant. And have you then and there this precept. 

Given under my hand, at the Township aforesaid, the day 

of , 19-. 



Justice of the Peace. 



No. 7. RETURN OF VENIRE 



I certify that, by virtue of the within precept, I have personally 
summoned each of the several persons therein named, to appear at the 
time and place mentioned. 



Dated, , 19--. Constable. 

No. 8. 

AFFIRMATION OF JUROR ON CHALLENGE 

You do solemnly affirm that you will true answers make to all such 
questions as may be asked in relation to your competency as a juror, in 
this action between A B , plaintiff, and C __ 

D , defendant. 

No. 9. 

AFFIRMATION OF JURORS BEFORE TRIAL 

You do solemnly affirm that you will well and truly try the matter 

in difference between A B , plaintiff, and C 

D , defendant, and unless discharged by me, a true verdict 

give, according to law and evidence. 

306 



FORMS FOR A CIVIL CASE 



No. 10. 

AFFIRMATION OF CONSTABLE ON TAKING CHARGE OF 
THE JURY WHILE DELIBERATING ON A VERDICT 

You do solemnly affirm that you will keep the persons sworn as 
jurors on this trial apart in some private and convenient place ; that 
you will not communicate with them yourself, either orally or otherwise, 
nor suffer any one else to do so, unless by my order ; and that you will 
not, before they render their verdict, communicate to any person the 
state of their deliberations, or the verdict they may have agreed upon. 



No. ii. SUBPCENA 

In the Justice's Court, Township, County of 

State of 



Plaintiff. 



Defendant. 

To , Greeting: — 

In the name of the People of the State of , you are com- 
manded to appear personally before me, a Justice of the Peace of 

Township in said County, at my office, on the 

day of , 19--, at o'clock in the noon of 

that day, to testify the truth according to your knowledge in the above 
entitled cause. Hereof fail not at your peril. 

Given under my hand, at the day of , 19. _. 



Justice of the Peace. 

No. 12. AFFIRMATION OF WITNESS 

You do solemnly affirm that you will testify the truth, the whole 
truth, and nothing but the truth relating to the cause now pending 

before me, wherein A B is plaintiff and C 

D is defendant. 

307 



APPENDIX B 
CONSTITUTION OF THE UNITED STATES OF AMERICA 



"We the people of the United States, in order to form a more perfect union, 
establish justice, insure domestic tranquillity, provide for the common defence, 
promote the general welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution for the United 
States of America. 

ARTICLE I 

Section I. All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and a House of 
Representatives. 

Sect. II. i. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the electors 
in each State shall have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State in which he 
shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the several 
States which may be included within this Union, according to their respective 
numbers, which shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of years, and excluding 
Indians not taxed, three fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in such manner 
as they shall by law direct. The number of Representatives shall not exceed 
one for every thirty thousand, but each State shall have at least one repre- 
sentative; and until such enumeration shall be made, the State of New Hamp- 
shire shall be entitled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York six, New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina 
five, South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any State, the Exec- 
utive authority thereof shall issue writs of election to fill such vacancies. 

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5. The House of Representatives shall choose their Speaker and other 
officers; and shall have the sole power of impeachment. 

Sect. III. 1. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, for six years; and 
each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. The 
seats of the Senators of the first class shall be vacated at the expiration of the 
second year, of the second class at the expiration of the fourth year, and of 
the third class at the expiration of the sixth year, so that one third may be 
chosen every second year; and if vacancies happen by resignation or other- 
wise, during the recess of the legislature of any State, the Executive thereof 
may make temporary appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the age of 
thirty years, and been nine years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of the Sen- 
ate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a President pro 
tempore, in the absence of the Vice-President, or when he shall exercise the 
office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the Presi- 
dent of the United States is tried, the Chief Justice shall preside : and no person 
shall be convicted without the concurrence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of honor, 
trust or profit under the United States : but the party convicted shall never- 
theless be liable and subject to indictment, trial, judgment and punishment, 
according to law. 

Sect. IV. 1. The times, places and manner of holding elections for Sena- 
tors and Representatives shall be prescribed in each State by the legislature 
thereof; but the Congress may at any time by law make or alter such regula- 
tions, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, and such meet- 
ing shall be on the first Monday in December, unless they shall by law appoint 
a different day. 

Sect. V. 1. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of absent members, in such 
manner, and under such penalties, as each house may provide. 

310 



CONSTITUTION OF THE UNITED STATES 

2. Each house may determine the rules of its proceedings, punish its mem- 
bers for disorderly behavior, and with the concurrence of two thirds, expel a 
member. 

3. Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment require 
secrecy; and the yeas and nays of the members of either house on any ques- 
tion shall, at the desire of one fifth of those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without the consent 
of the other, adjourn for more than three days, nor to any other place than 
that in which the two houses shall be sitting. 

Sect. VI. 1. The Senators and Representatives shall receive a compen- 
sation for their services, to be ascertained by law and paid out of the treasury 
of the United States. They shall in all cases except treason, felony and 
breach of the peace, be privileged from arrest during their attendance at the 
session of their respective houses, and in going to and returning from the 
same; and for any speech or debate in either house, they shall not be ques- 
tioned in any other place. 

2. No Senator or Representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall have 
been increased, during such time; and no person holding any office under the 
United States shall be a member of either house during his continuance in 
office. 

Sect. VII. 1. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with amendments 
as on other bills. 

2. Every bill which shall have passed the House of Representatives and 
the Senate, shall, before it become a law, be presented to the President of the 
United States; if he approve he shall sign it, but if not he shall return it with 
his objections to that house in which it shall have originated, who shall enter 
the objections at large on their journal, and proceed to reconsider it. If after 
such reconsideration two thirds of that house shall agree to pass the bill, it 
shall be sent, together with the objections, to the other house, by which it 
shall likewise be reconsidered, and, if approved by two thirds of that house, 
it shall become a law. But in all such cases the votes of both houses shall be 
determined by yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the President within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the Senate 
and House of Representatives may be necessary (except on a question of 

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TRAINING FOR CITIZENSHIP 



adjournment) shall be presented to the President of the United States; and 
before the same shall take effect, shall be approved by him, or being disap- 
proved by him, shall be repassed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations prescribed in the case 
of a bill. 

Sect. VIII. The Congress shall have power 

i. To lay and collect taxes, duties, imposts, and excises, to pay the debts 
and provide for the common defence and general welfare of the United States; 
but all duties, imposts and excises shall be uniform throughout the United 
States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, and fix 
the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities and cur- 
rent coin of the United States; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts by securing for 
limited times to authors and inventors the exclusive right to their respective 
writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the high seas 
and offences against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money to that use 
shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land and 
naval forces; 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming and disciplining the militia, and for 
governing such part of them as may be employed in the service of the United 
States, reserving to the States respectively the appointment of the officers, and 
the authority of training the militia according to the discipline prescribed by 
Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
States, and the acceptance of Congress, become th£ seat of government of the 

3 J 2 



CONSTITUTION OF THE UNITED STATES 

United States, and to exercise like authority over all places purchased by 
the consent of the legislature of the State, in which the same shall be, for the 
erection of forts, magazines, arsenals, dock-yards, and other needful buildings; 
— and 

1 8. To make all laws which shall be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this Constitu- 
tion in the government of the United States, or in any department or office 
thereof. 

Sect. IX. I. The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be prohibited by the 
Congress prior to the year 1808; but a tax or duty may be imposed on such 
importation, not exceeding $10 for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in proportion to 
the census or enumeration herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or revenue 
to the ports of one State over those of another : nor shall vessels bound to, or 
from, one State, be obliged to enter, clear, or pay duties in another. 

7. No money shall be drawn from the treasury, but in consequence of ap- 
propriations made by law; and a regular statement and account of the receipts 
and expenditures of all public money shall be published from time to time. 

8. No title of nobility shall be granted by the United States : and no per- 
son holding any office of profit or trust under them, shall, without the consent 
of the Congress, acce'pt of any present, emolument, office, or title, of any kind 
whatever, from any king, prince, or foreign state. 

Sect. X. 1. No State shall enter into any treaty, alliance, or confedera- 
tion; grant letters of marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in payment of debts; pass 
any bill of attainder, ex post facto law, or law impairing the obligation of con- 
tracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any imposts or 
duties on imports or exports, except what may be absolutely necessary for 
executing its inspection laws : and the net produce of all duties and imposts, 
laid by any State on imports or exports, shall be for the use of the treasury of 
the United States; and all such laws shall be subject to the revision and con- 
trol of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of tonnage, 
keep troops, or ships of war in time of peace, enter into any agreement or 
compact with another State, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not admit of delay. 

313 



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ARTICLE II 

Section I. I. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of four 
years, and together with the Vice-President, chosen for the same term, be 
elected as follows : 

2. Each State shall appoint, in such manner as the legislature thereof may 
direct, a number of electors, equal to the whole number of Senators and Rep- 
resentatives to which the State may be entitled in the Congress; but no Sen- 
ator or Representative, or person holding an office of trust or profit under the 
United States, shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by ballot for 
two persons, of whom one at least shall not be an inhabitant of the same State 
with themselves. And they shall make a list of all the persons voted for, and 
of the number of votes for each; which list they shall sign and certify, and 
transmit sealed to the seat of government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest number of votes 
shall be the President, if such number be a majority of the whole number of 
electors appointed; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no person 
have a majority, then from the five highest on the list the said house shall in 
like manner choose the President. But in choosing the President the votes 
shall be taken by States, the representation from each State having one vote; 
a quorum for this purpose shall consist of a member or" members from two 
thirds of the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the person having 
the greatest number of votes of the electors shall be the Vice-President. But 
if there should remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President.] 

3. The Congress may determine the time of choosing the electors, and the 
day on which they shall give their votes; which day shall be the same through- 
out the United States. 

4. No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eligible to the 
office of President; neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been fourteen years a 
resident within the United States. 

5. In case of the removal of the President from office or of his death, resig- 
nation, or inability to discharge the powers and duties of the said office, the 
same shall devolve on the Vice-President, and the Congress may by law pro- 

3H 



CONSTITUTION OF THE UNITED STATES 

vide for the case of removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then act as President, 
and such officer shall act accordingly, until the disability be removed, or a 
President shall be elected. 

6. The President shall, at stated times, receive for his services, a compen- 
sation, which shall neither be increased nor diminished during the period for 
which he shall have been elected, and he shall not receive within that period 
any other emolument from the United States, or any of them. 

7. Before he enter on the execution of his office, he shall take the following 
oath or affirmation : — "I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and will to the best of 
my ability, preserve, protect and defend the Constitution of the United 
States." 

Sect. II. 1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States, when called 
into the actual service of the United States; he may require the opinion, in 
writing, of the principal officer in each of the executive departments, upon 
any subject relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the United States, 
except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the Senate, 
to make treaties, provided two thirds of the Senators present concur; and he 
shall nominate, and by and with the advice and consent of the Senate, shall 
appoint ambassadors, other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by law : but the 
Congress may by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or in the heads of 
departments. 

3. The President shall have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions which shall expire 
at the end of their next session. 

Sect. III. He shall from time to time give to the Congress information of 
the state of the Union, and recommend to their consideration such measures 
as he shall judge necessary and expedient; he may, on extraordinary occasions, 
convene both houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn them to such 
time as he shall think proper; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully executed, and shall 
commission all the officers of the United States. 

Sect. IV. The President, Vice-President and all civil officers of the United 
States, shall be removed from office on impeachment for, and conviction of, 
treason, bribery, or other high crimes and misdemeanors. 

315 



TRAINING FOR CITIZENSHIP 



ARTICLE III 

Section I. I. The judicial power of the United States, shall be vested in 
one Supreme Court, and in such inferior courts as Congress may from time to 
"time ordain and establish. The judges, both of the Supreme and inferior 
courts, shall hold their offices during good behavior, and shall, at stated times, 
receive for their services, a compensation, which shall not be diminished dur- 
ing their continuance in office. 

Sect. II. I. The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and treaties 
made or which shall be made, under their authority; — to all cases affecting 
ambassadors, other public ministers and consuls; — to all cases of admiralty 
jurisdiction; — to controversies to which the United States shall be a party; 
— to controversies between two or more States; — between a State and citi- 
zens of another State; — between citizens of different States; — between citi- 
zens of the same State claiming lands under grants of different States, and 
between a State, or the citizens thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and consuls, 
and those in which a State shall be a party, the Supreme Court shall have 
original jurisdiction. In all other cases before mentioned, the Supreme Court 
shall have appellate jurisdiction, both as to law and fact, with such exceptions, 
and under such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by jury; 
and such trial shall be held in the State where the said crimes shall have been 
committed; but when not committed within any State, the trial shall be at 
such place or places as the Congress may by law have directed. 

Sect. III. 1. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeiture except 
during the life of the person attainted. 



ARTICLE IV 

Section I. Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And the Congress 
may by general laws prescribe the manner in which such acts, records, and 
proceedings shall be proved, and the effect thereof. 

Sect. II. 1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other crime, who 

3.6 



CONSTITUTION OF THE UNITED STATES 

shall flee from justice, and be found in another State, shall on demand of the 
executive authority of the State from which he fled, be delivered up, to be 
removed to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under the laws thereof, 
escaping into another, shall, in consequence of any law or regulation therein, 
be discharged from such service or labor, but shall be delivered up on claim 
of the party to whom such service or labor may be due. 

Sect. III. 1. New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdiction of any 
other State; nor any State be formed by the junction of two or more States, 
or parts of States, without the consent of the legislatures of the States con- 
cerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful rules 
and regulations respecting the territory or other property belonging to the 
United States; and nothing in this Constitution shall be so construed as to 
prejudice any claims of the United States, or of any particular State. 

Sect. IV. The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of them against inva- 
sion; and on application of the legislature, or of the executive (when the 
legislature cannot be convened) against domestic violence. 

ARTICLE V 

The Congress, whenever two thirds of both houses shall deem it necessary, 
shall propose amendments to this Constitution, or, on the application of the 
legislatures of two thirds of the several States, shall call a convention for 
proposing amendments, which, in either case shall be valid to all intents and 
purposes, as part of this Constitution, when ratified by the legislatures of 
three fourths of the several States, or by conventions in three fourths thereof, 
as the one or the other mode of ratification may be proposed by the Congress; 
provided that no amendments which may be made prior to the year one thou- 
sand eight hundred and eight shall in any manner affect the first and fourth 
clauses in the ninth section of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI 

1. All debts contracted and engagements entered into, before the adoption 
of this Constitution, shall be as valid against the United States under this 
Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall be made 
in pursuance thereof; and all treaties made, or which shall be made, under 
the authority of the United States, shall be the supreme law of the land; and 

317 



TRAINING FOR CITIZENSHIP 



the judges in every State shall be bound thereby, anything in the Constitution 
or laws of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the members 
of the several State legislatures, and all executive and judicial officers, both of 
the United States and of the several States, shall be bound by oath or affirma- 
tion, to support this Constitution; but no religious test shall ever be required 
as a qualification to any office or public trust under the United States. 

ARTICLE VII 

The ratification of the conventions of nine States, shall be sufficient for the 
establishment of this Constitution between the States so ratifying the same. 



Done in Convention by the unanimous consent of the States present, the sev- 
enteenth day of September in the year of our Lord one thousand seven 
hundred and eighty-seven and of the Independence of the United States of 
America the twelfth. In witness whereof we have hereunto subscribed our 



names. 

[Signed by] 



New Hampshire 
John Langdon, 
Nicholas Gilman. 

Massachusetts 
Nathaniel Gorham, 
Rufus King. 

Connecticut 

Wm. Saml. Johnson, 

Roger Sherman. 

New York 

Alexander Hamilton. 

New Jersey 
Wil: Livingston, 
David Brearley, 
Wm : Paterson, 
Jona: Dayton. 



Go Washington, 
Presidt and Deputy from Virginia. 



Virginia 
John Blair, 
James Madison, Jr. 

North Carolina 
Wm. Blount, 
Richd. Dobbs Spaight, 
Hu Williamson. 

South Carolina 
J. Rutledge, 
Charles Cotesworth 

Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia 
William Fen, 
Abr Baldwin. 



Pennsylvania 
B Franklin, 
Thomas Mifflin, 
Robt. Morris, 
Geo. Clymer, 
Tho. Fitz Simons, 
Jared Ingersoll, 
James Wilson, 
Gouv Morris. 

Delaware 
Geo : Read, 
Gunning Bedford, 

Jun, 
John Dickinson, 
Richard Bassett, 
Jaco : Broom. 

. Maryland 
James McHenry, 
Dan of St. Thos. 

Jenifer, 
Danl Carroll. 

Attest : William Jackson, Secretary. 
318 



CONSTITUTION OF THE UNITED STATES 



Articles in Addition to and Amendment of the Constitution of the 
United States of America, Proposed by Congress, and Ratified by 
the Legislatures of the Several States, Pursuant to the Fifth 
Article of the Original Constitution 

Article I. — Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to assemble, and 
to petition the government for a redress of grievances. 

Article II. — A well-regulated militia, being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in any house 
without the consent of the owner, nor in time of war, but in a manner to be 
prescribed by law. 

Article IV. — The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and seizures, shall 
not be violated, and no warrants shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

Article V. — No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a grand jury except 
in cases arising in the land or naval forces, or in the militia, when in actual 
service in time of war or public danger; nor shall any person be subject for 
the same offence to be twice put in jeopardy of life or limb; nor shall be com- 
pelled in any criminal case to be a witness against himself, nor be deprived 
of life, liberty, or property, without due process of law; nor shall private 
property be taken for public use without just compensation. 

Article VI. — In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have been 
previously ascertained by law, and to be informed of the nature and cause of 
the accusation; to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favor, and to have the assist- 
ance of counsel for his defence. 

Article VII. — In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be preserved, and 
no fact tried by a jury shall be otherwise re-examined in any court of the 
United States, than according to the rules of the common law. 

Article VIII. — Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

Article IX. — The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the people. 

Article X. — The powers not delegated to the United States by the Con- 

319 



TRAINING FOR CITIZENSHIP 



stitution, nor prohibited by it to the States, are reserved to the States respec- 
tively, or to the people. 

Article XI. — The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens or subjects 
of any foreign state. 

Article XII. — I. The electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves; they shall name in 
their ballots the person voted for as President, and in distinct ballots the per- 
son voted for as Vice-President, and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as Vice-President, and 
of the number of votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of government of the United States, directed to the 
President of the Senate; — the President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted; — the person having the greatest number of votes 
for President shall be the President, if such number be a majority of the whole 
number of electors appointed; and if no person have such majority, then 
from the persons having the highest numbers not exceeding three on the list 
of those voted for as President, the House of Representatives shall choose 
immediately, by ballot, the President. But in choosing the President, the votes 
shall be taken by States, the representation from each State having one vote; 
a quorum for this purpose shall consist of a member or members from two 
thirds of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them, before the fourth day 
of March next following, then the Vice-President shall act as President, as in 
the case of the death or other constitutional disability of the President. — The 
person having the greatest number of votes as Vice-President, shall be the 
Vice-President, if such number be a majority of the whole number of electors 
appointed, and if no person have a majority, then from the two highest num- 
bers on the list, the Senate shall choose the Vice-President; a quorum for 
the purpose shall consist of two thirds of the whole number of Senators, and 
a majority of the whole number shall be necessary to a choice. But no per- 
son constitutionally ineligible to the office of President shall be eligible to that 
of Vice-President of the United States. 

Article XIII. — Section I. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject to their juris- 
diction. 

Section 2. Congress shall have power to enforce this article by appropri- 
ate legislation. 

320 



CONSTITUTION OF THE UNITED STATES 

Article XIV. — Section I. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make or enforce 
any law which shall abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of life, liberty, or prop- 
erty, without due process of law; nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of persons 
in each State, excluding Indians not taxed. But when the right to vote at any 
election for the choice of Electors for President and Vice-President of the 
United States, Representatives in Congress, the executive and judicial officers 
of a State, or the members of the legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years of age and citizens of 
the United States, or in any way abridged, except for participation in rebellion, 
or other crime, the basis of representation therein shall be reduced in the 
proportion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in Congress, 
or Elector of President and Vice-President, or hold any office, civil or military, 
under the United States, or under any State, who, having previously taken an 
oath, as a member of Congress, or as an officer of the United States, or as a 
member of any State legislature, or as an executive or judicial officer of any 
State, to support the Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions and bounties for 
services in suppressing insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or pay any debt or obli- 
gation incurred in aid of insurrection or rebellion against the United States, 
or any claim for the loss or emancipation of any slave; but all such debts, 
obligations, and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appropriate legis- 
lation the provisions of this article. 

Article XV. — Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or any State on 
account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article by appro- 
priate legislation. 



32 



INDEX 



The Numbers refer to Sections 



Absolute rights, 4. 

value of, 10. 

rule for enjoyment, 13. 

elective franchise not, 85. 

courts will protect, 158. 

in constitution, 311. 

protection in states, 317. 
Abstracts of title, — 

definition, 136. 

in register's office, 276. 
Accommodation paper, 142. 
Accredited schools in California, 50. 
Acts of legislature, — 

originals filed, 325. 

public, 343. 

local, 344. 
Adams, Samuel, — 

Declaration of Independence, 222. 
Administration, — 

change affects territories, 304. 

meaning of, 369, 1. 
Administrative law, 27. 
Administrative officer, 21, 271. 

duty to enforce laws, 21, 346. 

of Supreme Court, 352. 
Administrator, public, 278. 
Admiral, 395. 
Admiralty, court of, 408. 
Agent, authority of, 262. 
Agricultural colleges, — 

support of, 391. 

experiment stations in, 391. 
Agriculture, Department of, 387. 
Albany Plan of Union, 355. 
Ambassadors, — 

appointment of, 369. 

Secretary of State and, 380. 

number and salaries, 393. 



Amendments to Constitution, 364. 
American Republics, Bureau, 388. 
Amusements and crime, 215. 
Anarchists, 28, 5. 
Anti-fedeialists, 366. 

two in first Cabinet, 377. 

implied powers and, 403. 
Appeal, — 

against administration officer, 21. 

highway commissioner, 97. 

subordinate township board, 97. 

board of review, 101. 

assessor, 101. 

board school inspectors, 102. 

justice's courts, 185, 348. 

Circuit Court, 185, 287, 348, 5. 

probate court, 281. 

in territorial courts, 303. 

principle of, 347. 

costs in, 348. 

method in Supreme Courts, 350. 

in capital cases (U.S.), 410. 

District Court (U.S.). 408. 

Court of Claims (U.S.), 409. 

Circuit Court (U.S.), 411. 
Appellant, definition, 347. 
Appellate jurisdiction, 177. 
Arguments in civil case, 209, 210. 
Aristocracy, 20. 
Arizona, — 

justice's precinct in, 82. 

Bill of Rights in, 300. 

Indian schools in, 391, 2. 
Armies, standing, 221. 
Army (U.S.),— 

President as commander, 369, 2. 

War Department and, 382. 

cadets in, 382. 

3*3 



INDEX 



Army (U.S.),— 

education in, 394. 

organization of, 394. 
Arraignment, 192. 
Arrest, method of, 190. 

legislators liable to, 338. 
Arson, 169. 
Articles of Confederation, 356. 

plans of Franklin, 357. 

nature of, 357, 366. 

inefficiency of, 357. 

no national judiciary, 405. 
Assessor, — 

of taxes in townships, 89. 

appeal from, 101. 
Attorney, alien, — 

defined, 3. 

and absolute rights, 10. 
Attorney-at-lavv, — 

assist in trials, 182. 

appointed to defend prisoners, 193. 

circuit judge to be, 291. 

officers of court, 294. 

court commissioners to be, 296. 
Attorney General (state), 328. 
Attorney General (U.S.), — 

Randolph, first, 377. 

qualifications, 379. 

business of department, 385. 
Auditor General (state), 327. 
Auditor of Treasury (U.S.), 381. 
Auditors, board of, 253. 
Australian ballot in territories, 304. 

Bail,— 

definition, 191. 

in capital crimes, 191. 

in habeas corpus, 220. 

U.S. commissioners may take, 407. 
Ballot, — 

production of, 106. 

distribution, 107. 

depositing, 108. 

preparation of, 108, 260. 

counting, no. 

preservation, no. 

in contested elections, 270. 
Bank,— 

loaning by, 142. 

definition, 151. 

services of, 151. 

state funds in, 326. 



Bankrupt, definition, 408. 
Bankruptcy law, 345. 
Barter, — 

definition, 117. 

when used, 119. 
Base line, 67. 

Beaver skins as money, 119. 
Bill, — 

definition, 341. 

enacted into law, 341. 
Bill of Rights, 221. 

in territory, 300. 

in state constitution, 311. 

in U.S. Constitution, 364. 
Bill of sale, 144. 
Boards of directors, — 

power, how shown, 47, 95, 148. 
Bonds, — 

definition, 137. 

collateral security, 142. 
Bonds. See official bonds. 
Boss-political, 258. 
Boundaries (state), 308. 

in constitution, 311. 
Bounties to factories, 28, 2. 
Bridges, — 

construction and repair, 92, 253. 
Brief, lawyer's, 349. 
Building and loan associations, 155. 
Buildings, real property, 125. 
Bulwarks of liberty, — 

Magna Charta, 219. 
Bureaus, in Executive Depts., 379. 
Burial grounds, — 

purchase and care, 100. 

Habeas Corpus, 220. 

Bill of Rights, 221. 

Declaration of Independence, 222. 

national Constitution, 223. 

Ordinance 1787, 224. 

Emancipation Proclamation, 225. 
Business enterprises, — 

definition, 146. 

promotion of, 146-156. 

cities as, 234. 
Business, system of contracts, 140. 
By-laws, nature of, 95. 

Cabinet, — 

American, 377. 

civil service, 369, 379. 

legislative duties, 369. 

3 2 4 



INDEX 



Cabinet, — 

first, 377. 

compared with English, 378. 
Cabinet, English, 375. 
Cabinet meeting, 377. 
Cadets, — 

Military Academy, 382. 

Naval Academy, 383. 
California, — 

constitution of, page 1. 

accredited schools in, 50. 

judicial township in, 82. 

road districts, 94. 

superintendent of schools, 277. 

probate judge in, 281. 

governor of, 321. 
Campaign funds, — 

collected for candidates, 268. 

rewards for, 377. 

collected for officials, 390. 
Campaign, political, 255. 

conducting a, 268. 

in territories, 304. 
Candidates, — 

must contribute money, 268. 

may contest elections, 270. 
Canvassers, board of, — 

contested elections, 270. 

duties, 270. 

sheriff as member, 272. 

state board of, 332. 
Canvass of votes, no. 

in cities, 241. 

method of, 270. 

sheriff assists, 272. 

for state officers, 332. 
Capital , — 

definition, 114. 

invested in railroads, 331. 
Capital crimes, — 

bail in, 191. 

appeal in U.S. courts, 408, 
411. 
Case, or suit at law, defined, 173. 
Caucus, — 

definition, 104. 

ward, 241. 

political, legislative, 257. 

history of, 257. 

and primary, 259. 

states in, 259. 

in territories, 304. 



Census, 386, 5. 

state, 325. 
Census Bureau (U.S.), 386. 
Certificates of deposit, 151. 
Charge of judge defined, 183. 
Chartered schools, 48. 
Charters, — 

sea to sea, 62. 

township, 86. 

village or city, 232. 

county, 252. 

colonial, 309. 
Chattel mortgages, 90. 

description of, 145. 
Chattels, 138. 
Check, definition, 141. 
Checks and balances, 365. 

importance of, 368. 

judiciary as, 411, 412. 
Child,— 

parents must protect, 33. 

entitled to support, 34. 

personal property of, 35. 

obedience of, 36. 

parent may disinherit, 2,7- 

entitled to education, 40. 

in school, 49. 

state protection, 53, 55. 

associates of, 55. 

emancipation by parent, 59. 

community property of, 131. 
Childhood, 52. 
Chose in action, 137. 
Churches and citizens, 12. 
Church schools, — 

in colonies, 42. 

at present time, 43. 
Circuit Court of Appeals (U.S.), 

411. 
Circuit Court, — 

state, 280, 348, 5. 
410, national, 410. 

Citizen, — 

definition, 2. 

classes of, 3. 

duty of, 5. 

absolute rights of, 10, n. 

knowledge of, n. 

political rights and duties, 18. 

schools and the, 48, 55. 

law-abiding, 55. 

elective franchise, 85. 

3 2 5 



INDEX 



Citizen, — 

passive rights in territories, 304. 

of other states, 353. 
City,— 

definition, jj. 

development of, 229. 

incorporation, 230. 

birth of, 231. 

town and national features, 
236. 

cooperative associations, 234. 

wards in, 236. 

ordinances, 237. 

courts of, 240. 

elections in, 241. 

and county legislature, 250. 

plots filed, 327. 

mail delivered, 384. 
City council, 236. 

resembles House of Lords, 376. 
Civil case, — 

when brought, 177. 

complaint or declaration, 178. 

summons or warrant, 179. 

subpoena, 181. 

trial, 182. 

verdict, 183. 

judgment, 184. 

appeal, 185. 

execution, 186. 

in justice's court, 195-213. 
Civil government, — 

definition, 18. 

in Philippines, 301. 
Civil injury, — 

definition, 159. 

and crime, 170. 
Civil injury. See injuries. 
Civil officers, 56. 
Civil service, — 

comprises, 369, 1. 

department clerks, 379. 

meaning of, 389. 

reform, 390. 
Civil township. See township. 
Civil warrant, — 

definition, 179. 

legislators exempt, 338. 

congressmen exempt, 398. 
Claims, U.S., reference of, 409. 
Clergymen, — 

exempt from juries, 176. 



Clergymen, — 

barred from legislatures, 336. 
Clerk,— 

township, 90. 

county, 274. 

circuit court, 293. 

compared with Secretary of State, 325. 

notified state taxes, 327. 
233- Supreme Court, 352. 

Coinage, the, 120. 

forbidden to states, 345. 

charge Treasury Department, 381. 
Collateral security, 142. 
Colonies, — 

European, 298. 

charters and constitution, 310. 

from colony to state, 354. 

unions of, 355. 

contests with governors, 354. 

courts in, 405. 
Colorado, — 

women, political rights of, 336. 

shortest sessions of legislature, 339. 
Commerce, — 

definition, 118. 

broad meaning, 402. 
Commercial law, 140. 
Commissioner, court, 296. 
Commissioners, U.S., 407. 
Committee of whole, 341. 
Committees, legislative, 341. 
Committee system of legislation, — 

in cities, 242. 

in state legislatures, 341. 

in national legislature, 400. 
Common law, — 

defined, 24. 

in colonies, 24. 

felony at, 165. 

remedy in U.S. courts, 408. 
Common law powers, — 

none in county, 247. 

none in national government, 401. 
Common school education, — 

state aid to, 42. 

completion of, 54. 

necessary, 58. 

in Philippines, 301. 
Community property, 131. 
Complaining witness, 188. 
Complaint, — 

in civil cases, 178. 
326 



INDEX 



Complaint, — 

in criminal cases, 188. 
Compounding a felony, 171. 
Comptroller of Currency, 381. 
Concurrent jurisdiction, 177. 
Conduct, law of, 13. 
Confederacies unsuccessful, 366. 
Confederate states, 122. 
Confederation, — 

Articles of, 357. 

plan of, 358. 

league of states, 366. 

court in, 405. 
Congress, — 

and public schools, 42. 

and public domain, 63. 

and territories, 300, 302. 

enabling acts of, 305. 

amendments to Constitution, 365. 

and President, 369, 3. 

differs state legislature, 396. 

sessions of, 397. 

legislation in, 401. 

powers of, 402, 403. 

magnitude of business, 404. 

establishes system of courts, 405. 

power to establish courts, 405. 

control over Supreme Court, 406. 
Congressional districts, 399. 
Congressional legislation, 401. 
Congressional township, — 

description of, 65. 

definition, 66. 

survey of, 67-71. 
Congressman-at-large, 399. 
Congressmen, — 

who may vote for, 399. 

qualifications for, 399. 

salaries, 398, 399. 
Connecticut, — 

probate courts in, 348, 2. 

New England Confederation, 355. 

tax if on goods from Massachusetts, 

358. 
settlers in Wyoming, 358. 
Plan of Union, 362. 
Constable, — 

county officer, 83. 

township officer, 83, 87. 

sells goods upon execution, 186. 

liability for arrests, 188. 

selects jury, 200. 

3 



Constable, — 

takes charge of jury, 211. 

ward officer, 236. 

sheriff as, 292. 
Constitution, — 

defined, 23. 

of England, 23. 

of townships, 86. 

of territory, 300. 
Constitutional amendment, — 

initiative, 314. 

referendum, 315. 

submission, 364. 
Constitutional convention, 223, 360. 
Constitutional office, 271. 
Constitution of state — 

aid to private schools, 43. 

special acts to form townships, 78. 

jury system, 175. 

definition, 310. 

colonial charters and, 310. 

provisions in, 311. 

interpretation of, 312, 363. 

miscellaneous provisions, 313. 

and legislature, 336, 340. 
Constitution (U.S.),— 

Bill of Rights in, 221. 

thirteenth amendment, 225. 

fifteenth amendment, 225. 

supreme in territories, 301. 

admission of states, 305. 

superior to state, 312. 

restricts state legislatures, 345. 

relation between states, 353. 

went into effect 1789, 356. 

adoption of, 360. 

a compromise, 361. 

nature of compromise, 362. 

slavery, 362. 

amending, 364, 365. 

three departments in, 368. 

Cabinet, 377. 

fixes size of House, 399. 

express and implied powers, 402. 
Consular service, 393. 
Consuls, — 

appointment, 369, 5. 

duties, 393. 
Contempt of court, — - 

witness punished for, 1S1. 
Contested elections, — 

board of canvassers and, 270. 
27 



INDEX 



Contested elections, — 

ballots procured, 272. 
Continental Congress, — 

money of, 122. 

advice to states, 336. 

history of, 356. 
Continental union, — 

powers of, 357. 

separating influences, 358. 
Contraband of war, 226. 
Contracts, — 

implied, 19, 161. 

written, 27, 163. 

of minor, 58. 

of marriage, 30. 

letting of, 96. 

definition, 140. 

liberty of, 140. 

principle of, 140. 

of insurance, 152. 

civil injuries and, 161. 

state not to impair, 345. 

maritime contracts, 408. 
Cooperative association, 234. 
Copyright, 386, 3. 
Coroner, — 

acts in place of sheriff, 273. 

duties of, 278. 

acts in appeals, 347. 
Corporal punishment, — 

parents may inflict, 35. 

teacher may inflict, 48. 
Corporations, — 

definitions, 76. 

advantages, 148. 

powers divided, 148, 1. 

directors, 148, 2. 

joint stock companies, 149. 

in suits at law, 178. 

report to Secretary of State, 325. 
Correction lines, 70. 
County, — 

definition, 77, 247, 306. 

as political unit, 83. 

business transacted, 94. 

English, 243. 

New England, 244. 

construction of, 244, 317. 

southern, 245. 

compromise, 246. 

size and boundaries, 248. 

charter of, 252. 



County, — 

valuation of, 332. 
County commissioners, 250, 
County committee (political), — 

membership, 255. 

officers of, 255. 

election returns, 256. 

credentials to, 260. 
County convention, — 

delegates to, 256. 

choice of delegates, 260. 

ratio of representation, 261. 

method of conducting, 264, 266. 

committees in, 265. 

order of business, 265. 
County legislature, 250. 
County officers, nomination of, 260. 
County seat, — 

court meets at, 249. 

location and removal, 249. 
Course of study, 54. 

in Philippines, 301. 

in army, 394, 4. 
Court commissioner, — 

state, 296. 

U.S., 407. 
Court, county, 348, 3. 
Court crier, 352. 
Courtesy, — 

definition, 130. 

conveyance of, 132. 
Court of claims, 409. 
Court of quarter sessions, 250. 
Courts, — 

puipose of, 12, 27, 346. 

definition, 172. 

jurisdiction of, 177. 

adjournment of, 198. 

board of canvassers as, 270. 

of record, 280. 

thirteen sets in colonies, 405, 
Courts, kinds of, — 

township, 173. 

village, 239. 

city, police, etc., 240. 

county, 249. 

territorial, 303. 

state, 348-353. 

classification, 348. 

supreme (state), 349. 

national, 405-412. 

impeachment. See ward. 

328 



INDEX 



Courts martial, 395. 

appeal to President, 369, 4. 

necessity for, 405. 
Courts of Appeal (U.S.), 411. 
Courts, powers of, — 

assent to formation of corporations, 
78. 

dissolves partnerships, 147. 

dissolves corporations, 148, 3. 

protect absolute rights, 158. 

appoint inferior officers (U.S.), 389. 
Courts (U.S.), 408-413. 
Credentials, — 

to conventions, 260. 

referred to committee, 264. 
Credit agencies, 153. 
Crime. See capital crimes. 

religion not a cloak, 9. 

definition, 10, 163. 

cost of, 12. 

infant not capable of, 52. 

and civil injury, 159. 

under U.S., 408. 
Criminal case, — 

complaint, 188. 

warrant, 189. 

arrest, 190. 

bail, 191. 

arraignment, 192. 

trial, 193. 

sentence, 194. 
Criminal law, 25. 

Damages, — 

founded on wrongs, 162. 

imprisonment for, 179. 
Debt,— 

imprisonment for, 179. 

of county, 252. 
Declaration of Independence, 222. 
Declaration, sent by, 197. 
Deed,— 

definition, 133. 

as mortgage, 134, 282. 

for state lands, 327. 
Defendant, — 

definition, 178. 

as witness, 182. 

in civil case, 206. 
Deficiency judgment, 135. 
Definition, selection of, 1. 
Delaware, hundreds in, 82. 



Delegates, — 

to county conventions, 256. 

number determined, 261. 

definition and authority, 262. 

alternates and proxies, 263. 

territorial, 299. 
Democracy, — 

definition, 20. 

in N.E. townships, 80. 
Democratic party, 254. 
Departmental business, 379. 
Departments, — 

three, 21. 

interdependent, 406. 
Deposit, — 

definition, 151. 

certificate of, 151. 

interest on, 151. 
Despotism, — 

definition, 20. 

preferable to disorder, 28. 
Diplomas, — 

as teachers' certificates, 50. 
Diplomatic service, — 

Secretary of State and, 380. 

nature of, 393, 1. 
Disorderly conduct, 164. 
District Attorney (U.S.),— 

reports to Attorney General, 385. 

in U.S. courts, 408. 
District Court, — 

U.S., 408. 

concurrent jurisdiction, 411. 
District of Columbia, 299. 
Divorce, definition, 30. 
Docket, — 

justice's, 184. 

judgment entered in, 184. 

description of, 212. 
Dower, — 

widow's right of, 24. 

nature of, 130. 

conveyance in deed, 133. 
Draft, a contract, 140. 
Due form of law, 184. See law of 

land. 
Duties, — 

political, 11. 

social, legal, etc., 12. 
Duties and powers, 84. 
Duty,— 

definition, 118. 



3 2 9 



INDEX 



Duty, — 

indirect tax, 123. 
Economic rights, 18. 
Education, — 

industrial, 12, 2. 

necessity of, 40. 

definition, 40. 

higher state aid, 318. 

national, 391. 

bureau of, 394, 4. 

in army, 397. 
Elastic clause in Constitution, 403. 
Election franchise, — 

nature of, 85. 

women and, 336. 
Election inspectors, board of, — 

duties in township, 99. 

secure lists of candidates, 104. 

secure poll books, 105. 

as board of canvassers, no. 
Election machinery, — 

in township, 104-113. 

in county, 269. 

in state, 319. 
Election notices, — 

by township clerk, 90. 

by Secretary of State, 325. 
Election precincts, 96, 270. 
Elections,— 

method of holding in township, 98. 

in county system, 103. 

use by state, 319. 

in cities, 241. 

returns from townships, 256. 

returns filed with clerk, 269. 

certificates of, 270. 
Electoral college, — 

in Maryland, 327. 

in national government, 372. 
Electors, — 

qualifications, 85. 

registration of, 98. 

county system, 103. 

challenge of, 109. 

oath, 109. 

District Columbia, 299. 
Electors, — 

in territories, 304. 

control national government, 406. 
Emancipation Proclamation, 225. 
Embezzlement, — 

statutory crime, 25. 



Embryo state, 299. 
Eminent domain, 123. 
Employees, 271. 
Employment agencies, 156. 
Employment bonds for, 154. 
Enabling acts, 305. 
England, — 

constitution of, 23, 300. 

common law in, 24. 

schools in, 41. 

chartered schools in, 48. 

Saxon conquerors of, 74. 

township in, 75. 

justice of peace in, 173. 

jury system in, 175. 

Magna Charta in, 219. 

freeholders in, 243. 

sheriff in, 272. 

territorial policy of, 298. 

broke treaty of peace, 357. 

privy council in, 375. 

prime minister of, 378. 

future if colonies had remained, 404. 
English cabinet, — 

described, 375. 

sovereign not present, 377. 

compared with American, 378. 
English schools, — 

authority of teacher, 48. 
English townships, 74. 
Equity, courts of, 282. 
Equity of redemption, 135. 
Essential functions, — 

government, 18, 28. 

taxes to support, 123. 

courts, 158. 

Continental Congress and, 357. 
Evidence, — 

production in civil case, 207, 208. 

taken by stenographer, 293. 

records of courts in other states, 353. 
Evolutionist, socialist as, 28, 5. 
Execution, — 

definition, 39, 186. 

partnership assets, 147, 148, 3. 

valid judgment and, 184. 

sale of goods upon, 186. 
Executive Department, — 

definition, 21. 

separation of, 84. 

county, 271. 

territory, 303. 



33° 



INDEX 



Executive Department, — 

state, 318, 320. 

nation, 377. 
Exemptions, — 

definition, 39. 

partnership assets, 147. 

surrender of, 408. 
Experiment stations, 391. 

support of, 391. 
Exports, — 

definition, 118. 

taxing of, 363. 

in Constitution, 362. 

Family, — 

definition, 31. 

given civil liberty, 33. 

object of, 32. 

resources of, 37. 

arson, crime against, 169. 
Father, authority of, 35. 
Federalism, nature of, 366. 
Federalists, — 

political party, 367. 

two in first Cabinet, 377. 

implied powers and, 403. 
Fee in jury trial, constable's, 174. 
Felony, — 

definition, 165. 

compounding, 171. 

examination for, 187. 
Fence viewers, 93. 
Financial reports, 153. 
Fish commission, 388. 
Fish, property in, 127. 
Flag officer, 395. 
Florida,— 

attorneys in, 294. 

county courts in, 348, 3. 
Foreclosure, 135. 
Foreign affairs, — 

Continental Congress and, 356. 
Franchise, — 

elective, 85. 

street railway, 96. 
Franklin, Benjamin, — 

Albany Union, 355. 

perpetual union, 357. 

Postmaster General, 384. 
Frederick the Great of Prussia, 316. 
Freehold, — 

definition, 129. 



Freehold, — 

not personal property, 138. 
Freeholders, — 

privileges of, 129. 
• dower interest makes, 130. 

courtesy makes, 130. 

as jurors, 176. 

in England, 243. 

senators must be, in Delaware, 356. 
Freeholders chosen, 87. 
Freeman, 7. 
Free school, 41. 

in N.E., 42. 
French and Indian War, 355. 
Fugitives from justice, 320, 4. 

U.S. commissioners commit, 407. 

General issue, 199. 

General of army, pay of, 394. 

Georgia, militia district in, 82. 

Gerrymander, 399. 

Gladstone on the Constitution, 361. 

Grand jury, — 

evidence before, 193. 

duty of, 284. 
Great register, use of, 103. 
Great seal of state, 103. 
Greece, — 

forms of government in, 20. 

schools in, 41. 

jury in, 175. 
Gold and silver as money, 119. 

inconveniences of, 121. 

value, intrinsic, 120. 

legal tender, 120, 345. 
Gold certificates, 121. 
Golden rule, 12. 
Gold standard, 120. 
Goods, — • 

definition, 138. 

protection, 158. 
Government, — 

essential functions of, 18, 28. 

origin of, 19. 

forms of, 20. 

definitions, 22. 

taxation, 123. 

eminent domain, 123. 

in territories, 302. 
Governor, definition, 320. 
Governor in colonies, 309. 

advisers to, 376. 

33 1 



INDEX 



Governor in territory, — 

appointed by President, 303. 

appoints subordinates, 303. 

reports to Secretary of State, 380. 
Governor (state), — 

civil executive, 320, 1. 

commander-in-chief, 320, 2. 

legislator, 320. 3. 

judicial power of, 320, 4. 

qualifications for, 321. 

removal of, 323. 

aids to, 324. 

advisers to, 376. 

appoints U.S. senators, 398, 3. 
Governor's council, 320. 

resembles House of Lords, 376. 
Guardian and ward, 12, 3, 27. 

Habeas corpus, — 

definition, 220. 

state courts issue, 291, 349. 

President may suspend, 369, 3. 

Lincoln and, 406. 

U.S. courts issue, 413. 
Hamilton, Alexander, — 

loose-constructionists, 366, 403. 

first Secretary of Treasury, 377. 
Harbors, improvement of, 382. 
Health,— 

officers in township, 93. 

in county system, 94. 

board in township, 100. 

board in county system, 103. 

board in city, 238. 

state board, 332. 
Highway commissioner, — 

in township, 92. 

in county system, 94. 

township board and, 96. 

reversal of decisions, 97. 
Highway district, — 

county in New England, 244. 
Holy Roman Empire, 366. 
Home, — 

communism and, 28, 34. 

definition, 29. 

government a monarchy, 33. 
Homestead, — 

definition, 38. 

wife's consent to sell, 38. 
Homestead laws, — 

lands acquired under, 73, 1. 



Honesty, necessity for, 61. 

House of Representatives (state), — 

brings action of impeachment, 323. 

Speaker of, 338. 

subordinate powers, 338. 
House of Representatives (U.S.), — 

territorial delegates, 299. 

elective, 399. 

size of first two, 399. 

organization and special powers, 

399- 

vacancies, how filled, 399. 

committees, 400. 

qualifications of members, 399, 5. 
Hundred, division of county, 82. 
Husband, — 

must sign to convey courtesy, 133. 

not to testify against wife, 181. 

Ignorance of law, as excuse, 54. 
Illinois, — 

board of supervisors in, 250. 

state senate, 335. 
Imitator, child as, 55. 
Impeachment, — 

township officers, 97. 

in Constitution, 313. 

Senate as court of, 323, 406. 

House to bring, 323, 399. 

Secretary of State as clerk, 325. 

of governor and judges, 366, 405. 

of President, 370. 
Implied powers, — 

Constitution, 363, 403. 

discussions over, 366. 
Imports, — 

definition, 118. 

in Constitution, 361. 
Indemnity companies, 154. 
Indian affairs, 386, 4. 
Indian corn as money, 119. 
Indian schools, 391, 2. 
Indictment, nature of, 284. 
Indorsement, contract, 140. 
Indorser, definition, 142. 
Industrial conditions, 216. 
Infant, — 

defined, 52. 

and crime, 52. 
Influences for evil, 12. 
Initiative, nature of, 314. 
Injunctions, defined, 290. 

33 2 



INDEX 



Injuries, — 

two kinds of, 159. 

founded on contract, 161. 

founded on wrongs, 162. 
Insurance, — 

definition and kinds, 152. 

commissioner of, 330. 
Interest, — 

definition, 151. 

in building-loan, 155. 

in Constitution, 313. 

on state funds, 326. 
Interior, — 

Department of, 386. 

bureaus in, 386. 
International law, 160. 

public, nature of, 392. 

private, 396. 
Inventions, effect of, 217, 229. 
Iowa, nomination papers in, 267. 
Issue, — 

joining of, 199. 

general, 199. 

Jail limits, 179. 
Jails, — 

prisoner awaits trial in, 187. 

county, 251. 

charge of sheriff, 272. 
Jefferson, Thomas, — 

quoted, 74. 

strict-constructionist, 366, 403. 

first Secretary of State, 379. 
Joint-stock companies, 149. 

building-loan association, 155. 
Judge, circuit, — 

important office, 291. 

charge of, 183. 

decides certain cases, 184. 

fixes bail bonds, 191. 

supervisory powers, 286. 
Judges, — 

Supreme Court (state), 352. 

territorial courts, 405. 

national courts, 405-413. 
Judgment, — 

deficiency, 135. 

kept alive, 148, 3. 

default, 179. 

definition, 184. 

reversed, 185. 

in civil case, 212. 



Judgment, — 

set aside, 288. 

against President, 406. 
Judicial department, — 

definition, 21. 

separation of, 84. 

township, 173. 

county, 249. 

purpose of, 347. 

state, 348. 

national, 407. 
Judicial district, — 

New England County as, 244. 
Judicial township, — 

civil organization, 79. 

described, 82. 
Junket, definition, 340. 
Jural legislation, 27. 
Jurisdiction, — 

definition, 177. 

concurrent, 177, 283. 

original, 177, 349. 

appellate, 281, 349, 412. 

criminal, 187. 

U.S. courts, 405-412. 
Jurors, — 

qualifications, 176. 

examination, 204. 

challenges, 204. 

electors as, 285. 
Jury,— 

duty to serve on, 12, 3. 

eminent domain, 123. 

part of court, 172. 

justices, 174. 

in civil actions, 174. 

in criminal actions, 174. 

history of, 175. 

striking a, 200. 

selection of, 202. 

grand, 284. 

petit, 285. 

finds the facts, 287. 

U.S. courts, 408, 413. 
Justice of peace, — 

county offices, 83. 

township offices, 87. 

examining magistrate, 187, 34S, 1. 

liability for issuing warrants, iSS. 

fixes bail, 191. 

orders enforceable, 2S3. 

in territories, 303. 



333 



INDEX 



Justice of peace, — 

report to Secretary of State, 325. 

like U.S. commissioners, 409. 
Justice's courts, — 

township, 173. 

civil jurisdiction, 177, 348, 1. 

criminal jurisdiction, 187, 348, 1. 

rank and number, 348, 1. 

Kentucky, — 

superintendent of schools in, 277. 

superior court in, 349. 
Kings, divine right, 19. 

Labor, — 

right to perform, 12, 2. 

definition, 115. 

division of, 116. 
Labor Department, 388. 
Laborers in territories, 304. 
Land, definition, 124. 
Land office (U.S;), 386, 2. 
Lands, — 

acquiring, 73. 

(1) homestead laws, 73, 1. 

(2) preemption, 73, 2. 

(3) timber culture, 73, 3. 

See public domain. 
Larceny, — 

common law crime, 25. 

petty, 164. 

of letters, 363. 
Law, — 

defined, 14. 

national law, 15. 

of property, 16. 

and constitution, 23. 

common, defined, 24. 

statute, defined, 25. 

consists of two parts, 26. 

administration and jural, 27. 

compulsory school, 40. 

a shield for minor, 58. 

commercial, defined, 140. 

international, 160. 

public and private, 160. 

permanence of, 214. 

courts of, 282. 

local option, 315. 

courts interpret, 346. 
Law of land, — 

prescribes forms to follow, 10. 



Law of land, — 

justifies force, 158. 

in Magna Charta, 219. 

constitution supreme, 23. 
Lawyers. See attorn eys-at-lavv. 
Legal duties, 12, 3. 
Legal tender, — 

money as, 119. 

definition, 120. 

paper money as, 121. 

state restrictions, 345. 
Legislature. See acts of. 
Legislators, — 

governors as, 303, 320, 3. 

qualifications of state, 336. 

privileges of, 337. 

arrest on civil warrant, 338. 

arrest on criminal complaint, 338. 

pay of, 339. 
Legislature, — 

townships, 87, 95, 96. 

county, 250. 

territorial, 302. 

in colonies, 309. 

state, 335. 

Albany Plan, 355, 2. 
Legislature caucus, 257. 
Legislature Department, — 

definition, 21. 

separation of, 84. 

two houses, 335, 337. 
Legislature, (state), — 

may incorporate townships, 78. 

extent of powers, 312. 

pass laws over veto, 320, 3, 365. 

membership determined, 336. 

U.S. officials in, 336. 

length of sessions, 339. 

sessions, 339. 

committees in, 340. 

enacting law, 341. 

public acts of, 342. 

local acts of, 343. 

lobby in, 344. 

constitutional limitations, 345. 

frames amendments to Constitution, 

364- 
presidential electors, 372. 
national and state, 396. 
elects U.S. senators, 398, 3. 
Liberty, — 
religious, 9. 

334 



INDEX 



Liberty, — 

of speech, 9, 221, 338. 

of contract, 140. 
Liberty. See bulwarks of liberty. 
Library, state, 334. 
Lieutenant governor, — 

president of senate, 322. 

debate but not vote, 322. 

removal of, 323. 
Life,— 

protection of, 6. 

expectancy of, 152. 

highest offence against, 168. 

in territories, 304. 
Life estate, 129. 
Limited partnership, 147. 
Lincoln, Abraham, — 

power exercised by, 369, 2. 

habeas corpus and, 406. 
Line officers, 395. 
Liquor laws, — 

Maine and South Carolina, 215. 

licenses granted, 313. 

U.S., 401. 
Lobby, — 

nature of, 344. 
Local acts of legislature, 343. 
Local agents of state, 319. 
Local option law, 315. 
Local self-government, — 

European colonies, 298. 

territories, 304. 

colonies, 354. 

king attempts to destroy, 355, 3. 
Loose-constructionists, — 

political views of, 28, 2 ; 366. 

political party, 403. 
Lotteries, — 

Argentine republic allows, 215. 

prohibition of, 313. 
Louisiana, — 

court of appeals in, 349. 

Magna Charta, 219. 

Mail delivery, city and country, 384. 

Majority, definition, 111. 

Malice, definition, 168. 

Mandamus, — 

defined, 289. 

courts issuing (state), 291, 349. 

U.S. courts, 412. 

against political officer, 412. 



Manslaughter, definition, 168. 
Marine corps, 395. 
Maritime contract, 408. 
Marriage, — 

relation of, 30. 

licenses, 275. 
Marshal, chief justice, 363. 
Marshals, — 

under Attorney General, 385, 2. 

U.S. officers, 408. 
Maryland, — 

election of senators, 337. 

electoral plan in U.S., 371. 
Massachusetts, — 

administrative boards in, 332. 

judges for life, 351. 

excludes British goods, 358. 

Shays's Rebellion, 359. 

gerrymander in, 399, 4. 
Massachusetts Bay Company, — 

not a state, 306. 

charter of, 309. 

New England Confederation, 355, 1. 
Medical attendance of poor, 6. 
Mental habit, 214. 
Meridians, — 

prime, 67. 

convergence of, 69. 

guide, 69. 
Merit system, 390. 
Message of governor, 320, 3. 

of President, 369, 3. 
Michigan, — 

size school district in, 45. 

felony in, 165. 

compromise county in, 246. 

size counties in, 248. 

supervisors, 250. 

canvassers, board of, 270. 

supreme court, 287. 

size legislature, 335. 
Military Academy, 382. 
Military Justice, Bureau, 394, 3. 
Military rank, — 

in army, 394, 2. 

in navy, 395. 
Militia, — 

sheriff and, 272, 333. 

constitutions authorize, 313. 

governor commands, 320, 2. 

national guard, 333. 

organization, 333. 



335 



INDEX 



Militia, — 

called out by President, 369, 2. 
Militia district, 82. 
Ministerial officers, — 

in township, 87. 

definition, 271. 

mandamus and, 412. 
Ministers, foreign, — 

appointment, 369, 5. 

Secretary of State and, 380. 

number and salaries, 393, 1. 
Minor, — 

contracts of, 58. 

suit by next friend, 58. 

responsibility, 59. 

responsibility for debts, 59. 

enlistment of, 394, 1. 
Mints of U.S., 120. 
Misdemeanor, — 

definition, 164. 

tried by justice, 187. 
Missouri, shoestring district, 399, 4. 
Mohammedan religion, 19. 
Money, — 

payment and receipt of, 97. 

articles used as, 119. 

definition, 119. 

paper, 121. 

for campaigns, 256, 268. 

county funds, 275. 

state not to coin, 345. 

counterfeit, 381. 

issued by U.S. Treasury, 381. 
Moral duties, 12, 4. 
Moral law, violation of, 163. 
More, Sir Thomas, 28, 4. 
Mortgage, real estate, — 

definition, 134. 

deed as, 134. 

registration of, 136. 

amount due fund, 296. 
Mortgages, chattel, — 

filed, 90. 

definition, 145. 

recorded, 296. 
Municipal corporations, 76. 
Municipal courts, 348, 4. 
Municipal ownership, 28, 2. 
Murder, definition, 168. 

Nation, — 

state union, 366. 



Nation, — 

sovereignty of, 367. 
National banks, — 

notes as money, 121. 

issue money, 151. 

Treasury Department and, 381. 
National currency, — 

Continental Congress, 356. 

necessity, 359. 
National features, — 

village, city, and county, 236. 
National government, powers of, — 

coin money, 120. 

express and implied, 363. 
National Guard. See militia. 
National party and court, 361. 
National revenue, 118. 
Naturalization laws, — 

Congress and state legislature may 
pass, 345. 
Naturalized citizens, 3. 
Naval Academy, 383. 
Navy Department, — 

civilians as secretary, 379. 

business of, 383. 

organization of, 395. 
Necessaries, — 

for minor, 58. 

for sick person, 100. 
New England, public schools, 42. 
New England Confederation, 355, 1. 
New England township, — 

history of, 75. 

political unit, jj. 

pure democracy, 80. 

life of community, 244. 
New Hampshire, — 

largest House, 335. 

supreme judges in, 351. 
New Jersey, — 

court of errors and appeals, 349. 

charges ground rent N.Y., 358. 

plan of union, 362, 1. 
New York, — 

courts, probate, 281. 

courts, higher, 287. 

salary of governor, 321. 

administrative boards, 332. 

size of legislature, 335. 

pay of legislators, 339. 

courts last resort, 349. 

levies duties on goods, 358. 

336 



INDEX 



New York, — 

threatens war on New Hampshire, 358. 
New York Stock Exchange, 150. 
Nomination, — 

county officers, 262. 

ward officers, 262. 

by petition, 267. 
Nomination papers, 267. 
Northwest Territory, — 

schools in, 42. 

public lands in, 63. 
Notary public, — 

definition, 133. 

like U.S. commissioners, 407. 
Note, — 

with mortgage, 134. 

method of collection, 137. 

a contract, 140. 

promissory, 142. 
Nuisance, abatement of, 100. 

Officers (county), — 

supervisors, 250. 

sheriff, 272. 

clerk, 274. 

treasurer, 275. 

register of deeds, 276. 

superintendent of schools, 277. 

coroner, 278. 

public administrators, 278. 

surveyor, 278. 

in territories, 302. 
Officers (state), — 

official communications for, 274. 

salaries, 313. 

choice of, 319. 

governor, 320. 

lieutenant governor, 322. 

secretary of state, 325. 

treasurer, 326. 

auditor general, 327. 

attorney general, 328. 

superintendent of public instruction, 

329. 
commissioner of insurance, 330. 
railroad commissioner, 331. 
administrative boards, 332. 
cannot enforce U.S. laws, 367. 
Officers (U.S. civil), — 

election and appointment, 367. 
not to execute state laws, 367. 
inferior officers, 390. 



Officers (U.S. civil), — 

classified and unclassified, 390. 
Official boards. See boards. 
Ohio,— 

felony in, 165. 

counties in, 246. 

courts in, 280. 
Oligarchy, defined, 20. 
Ordinance 1787, — 

quotation from, 40. 

provision for schools, 42. 

importance of, 224. 

Magna Charta of West, 300. 

usurpation of power, 359. 
Ordinances of city, 237. 
Original jurisdiction, 177. See separate 

courts. 
Original package, 401. 

Paper money, — 

described, 121. 

value depends on, 122. 

of Continental Congress, 122. 

of confederate states, 122. 
Pardons, — 

governor of territory, 303. 

governor of state, 320, 4. 

board of, 332. 

President, 369, 4. 
Parent and child, 12. 
Parents, — 

authority of, 33. 

among Romans, 35. 

over personal property of child, 

35- 

and teachers, 48. 

entitled to wages of children, 54. 

responsibility for acts of child, 59. 

may emancipate child, 59. 
Parliament. — 

power of, 23, 312. 

and colonies, 309. 

dissolution, 375. 
Parliamentary law, 266. 
Partners, — 

advantages, 148, 2. 

responsibilities, 148, 3. 

how sued, 148, 2. 
Partnership, — 

definition, 147. 

formed and dissolved, 147. 

and joint-stock companies, 149. 

37 



INDEX 



Patent office, 386, 3. 
Pawn, definition, 145. 
Penalty, definition, 26. 

township officers, 88. 
Pennsylvania, — 

sessions of legislature, 340. 

supreme judges in, 351. 

Wyoming valley, 358. 

Indian school at Carlisle, 391, 2. 
Pension office, 386. 
Pensions, tax for, 123. 
People's courts, 172. 
Peremptory challenges, 204. 
Perjury, — 

false oath of elector, 109. 

definition, 167. 
Personal habits, 61. 
Personal liberty, 7. 
Personal property, — 

husband may sell, 38, 

exemptions, 39. 

nature of, 114. 

buildings as, 125. 

varieties, 137. 

goods and chattels, 138. 

no registry of, 139. 

title to, 139. 

burning of, 169. 
Personal security, 6. 
Petition, right of, 221. 
Petit jury, 285. 

drawing by clerk, 293. 
Petty officers, 395. 
Physician as health officer, 93, 100. 
Philippines, — 

acquisition, 297. 

civil government in, 301. 
Plaintiff, — 

definition, 178. 

as witness, 182. 

state as, 188. 

statement of, in civil case, 205. 
Platform, — 

political, 254. 

plank in, 254. 
Plunder, taxation and, 123. 
Plurality, definition, 111. 
Policemen, city peace officers, 240. 
Police officer, sheriff as, 272. 
Police power, — 

defined, 5. 

principle, 13. 



Policy of insurance, 152. 
Political duties, 11. 

economy, 18. 

divisions, 76. 

platform, 254. 

campaigns, 255. 

meetings, 256. 

caucuses, 257. 

clubs, 258. 

rights in territories, 304. 
Political parties, — 

definition, 254. 

organization in township and wards, 
256. 

permanent organization, 258. 
Political unit, — 

township as, 77. 

county as, 83, 245. 
Poll lists, — 

kept by election clerks, no. 

deposited in ballot-box, no. 
Polls, definition, 106. 
Poll tax for schools, 51. 
Polygamy in Utah, 305. 
Poor, — 

medical attendance of, 6. 

care of, in townships, 89, 253. 
Poor commission, 253. 
Popular expressions, 226. 
Possession, right of, 143. 
Postage, rates of, 384. 
Postoffice Department, 386. 

Continental Congress and, 356. 
Powers and duties, 84. 
Precincts, — 

in townships, 103. 

elections in cities, 241. 

politics in, 256. 
Preemption laws, 73-82. 
Presidential succession, 374. 
President of United States, — 

appoints territorial governors, 303. 

appoints territorial judges, 303. 

authority over militia, 369, 2. 

elective office, 367, 3. 

derivation of name, 369. 

civil executive, 369, 1. 

commander-in-chief, 369, 2. 

legislator, 369, 3. 

judicial duties, 369, 4. 

foreign representation, 369, 5. 

qualifications and oath, 370. 
338 



INDEX 



President of United States, — 
salary, 370. 

choice by electors, 372. 
choice by Congress, 373. 
selects cabinet, 377. 
appoints cadets, 382. 
Attorney General gives legal advice 

385- 

appoints officers, 389. 

control over, 406. 
President pro tempore, 322, 337. 
Primaries, — 

good citizens and, 11. 

nominate delegates, 256. 

definition, 259. 

method of conducting, 260. 
Prime Minister, 375. 

duties of, 378. 
Prisoners, — 

method of arrest, 190. 

resistance by, 190. 

admitting to bail, 191. 

arraignment, 192. 

attorney for, 193. 

preliminary examination, 193. 

trial, 193. 

sentence, 194. 

indictment of, 220. 

county attorney and, 295. 
Prisons, — 

necessity for, 12. 

discipline in, 26. 

constitutions and, 313. 

military, 394, 3. 
Private law, — 

definition, 160. 

in territories, 302. 
Private property, — 

right of, 8, 114, 143. 

nature of, 114. 

protection of, 158. 

socialists opposed to, 28, 3. 

in territories, 304. 

regulated by state, 346. 
Probate court, — 

purpose of, 281. 

appeals from, 349, 2. 

rank and number, 348, 2. 
Procedure in courts, — 

territorial, 302. 

Supreme Court regulates, 351. 

in U.S. courts, 413. 



Profit, — 

socialists oppose, 28, 3. 

essential to partnership, 147. 

political parties and, 258. 
Prohibition, writ of, 349. 
Promotion, definition, 149. 
Property, — 

private, 8. 

law of, 16. 

in common, 31, 37, 74. 

real and personal, 125. 

community, 131. 

obtaining possession of, before suit, 
180. 
Protective tariff, 28, 2. 
Public acts, nature, 342. 
Public domain, — 

for schools, 42. 

in original states, 62. 

cessions to Congress, 63, 297. 

disposal of lands in, 64. 

survey of, 65. 

acquiring lands in, 73. 

Ordinance of 1787, 224. 

Indian reservations in, 386, 4. 
Public lands for railroads, 28, 2; 64. 
Public law, — 

definition, 160. 

in territories, 302. 
Public men, influence, 227. 
Public office, definition, 271. 
Public officers, — 

exempt from jury service, 17. 

identical duties in city and county, 235. 
Public policy, considerations of, 123. 
Public schools, taxation for, 40, 51. 
Public sentiment and police, 5. 
Public service, definition, 369, 1. 
Punishments, — 

corporal, 35, 48. 

in navy, 395. 
Purchase, title by, 132. 
Pure democracy, — 

definition, 20. 

example of, 80. 



Quarantine, — 

in townships, 96. 

in states, 332. 
Quit-claim deed, definition, 133. 
Quorum, — 

legislatures, 335. 

339 



INDEX 



Quorum, — 

election of President, 373. 

election of Vice-President, 374. 

U.S. Senate, 374. 

U.S. House, 373. 
Quo warranto, purpose of, 349. 

Railroads, — 

government lands, 64, J2>- 

stock exchanges, 150. 

commissioner of, 331. 
Ratio of representation, — 

county convention, 260. 

legislative, 336. 

congressional, 399, 1. 
Real estate, definition, 128. 
Real property, — 

township, 96. 

definition, 124. 

interest in, 128. 

title to, 132. 

registration of, 136. 

county may own, 247. 
Records, — 

examination of, 90. 

kept by clerk, 90. 

delivered to successor, 113. 
Recount of votes, 270. 
Referendum, 315. 

Register of deeds, county officer, 276. 
Registration, board of, — 

duties in townships, 98. 

meeting of, 105. 
Registrations, — 

deeds and mortgages, 136. 

chattel mortgages, 145. 
Religion, — 

cloak for crime, 9. 

necessity for, 12, 1, 4. 

influence on laws, 218. 
Religious belief and worship, 9. 
Religious organizations, township 

79. * 

Reporter, Supreme Court, 352. 
Reports, Supreme Court, 350. 
Representatives (state), 336, 338. 
Republic, definition, 20. 
Republican party, 254. 
Reputation, — 

right to, 6. 

protection of, 158. 

damages for injury to, 162. 



Revenue of national government, 118. 

Requisition papers, 320, 4. 
Review, board of, — 

township, 101. 

county system, 103. 

supervisors as, 251. 
Revolutionary War, 354; 355, 3. 
Revolutionist, anarchist as, 28, 5. 
Rhode Island, — 

counties of, 248. 

salary of governor, 321. 

pay of legislators, 339. 
Rights,— 

individual, p. 1. 

inalienable, p. 1. 

absolute, 4. 

value of, 10. 

economic, 18. 

reciprocal with duties, 55. 

passive and political, 304. 
Ring, political, — 

definition, 258. 

in administration, 375. 
Riots,— 

sheriff to quell, 272. 

governor orders militia, 320, 2. 
Rivers and harbors, 382. 
Road districts, — 

township, 92. 

county system, 94., 

in N.E., 244. 
Rosebery, Lord, on U.S., 414. 

Sale, — 

definition, 117. 

transfer by, 132. 

a contract, 140. 

personal property, 144. 

bill of, 144. 
Saloons, — 

location, 55. 

licenses to conduct, 313. 
Savings banks, — 

definition, 151. 

feature in building and loan, 155. 
School, — 

history of, 41. 

N.E.,42. 
School, — 

support of, 42, 51, 224. 

definition, 44. 

trustee, 47. 



34° 



INDEX 



School,— 

Middle Ages, 48. 

regulations, 49,313. 

accredited, 50. 

lands, 64. 

Philippines, 301. 

Indian, 391, 2. 

U.S. army, 394, 4. 
Schoolboard, — 

duties, 46. 

in cities, 238. 
School district, — 

definition and size, 45. 

political division, 76. 

formation, 102. 

length of school, 277. 
School inspectors, 102. 

county system, 103. 
School officers, — 

election, 46. 

removal, 97. 

appointment, 102. 

right to vote for, 130. 
School superintendent, — 

county officer, 102. 

school inspector, 103. 

general duties of, 277. 

judge of probate as, 281. 

local state officer, 319. 
Sciences, — 

law of physical, 17. 
Search warrants, 413. 
Secretary of Agriculture, 387. 
Secretary of Interior, 386. 
Secretary of Navy, 383. 
Secretary of State, — 

state, 323, 325. 

U.S., 380. 
Secretary of Treasury, 381. 
Secretary of War, — 

duties of, 382, 384. 

reports to Congress, 379. 

Philippine Commission and, 301. 
Secret service, 381. 
Sections of land, — 

in Michigan school district, 45. 

survey, 71. 

description, 72. 
Selectmen, board of, 87, 2. 
Self,— 

support, 12. 

control, 60. 



Self,— 

defence, 158. 
Senate (state), — 

aids governor, 320. 

court of impeachment, 323. 

advantage over house, 337 ; 398, 1. 
Senate (U.S.),— 

may defeat treaties, 369, 5. 

Vice-President and, 376. 

and appointments, 389. 

elects Vice-President, 398, 2. 

committees, 398, 2. 

composition, 398. 

vacancies filled, 398, 3. 
Senatorial courtesy, 389. 
Senators (state), 336,337. 
Senators (U.S.),— 

not to be state officers, 367, 4. 

election and qualification, 398, 3. 
Sentence of court, 194. 
Servants in the family, 31. 
Shakers, communists, 28, 4. 
Sheriff,— 

origin of title, 243, 272. 

powers of, 272. 

assistants of, 273. 

officer of circuit court, 292. 

local agent of state, 319. 

election state officers, 325. 
Silver, — 

as money, 119, 122. 

demonetized, 120. 

certificates as money, 121. 
Slang, avoidance of, 61. 
Slate, in caucus, 259. 
Slaveholders, power of, 7. 
Slavery, — 

in Northwest Territory, 63. 

in Western Territory, 63. 

disputes over, 358. 

in Constitution, 362, 2, 3. 
Slaves, — 

definition, 7. 

Emancipation Proclamation, 225. 

in Southern colonies, 245. 

importation of, 362, 3. 
Smithsonian Institution, — 

independent department, 388. 

purpose of, 391, 1. 
Social duties, 12, 4. 

compact, 19, 222. 

customs, 215. 



34 ! 



INDEX 



Socialists, aim of, 28, 3. 
Society, — 

organized, 4. 

aim of, 9. 

and law of property, 16. 
Solicitor General, 385. 
South Carolina, — 

liquor laws of, 215. 

counties in, 248. 

continental union, 355, 3. 
South Dakota, initiative, 314. 
Sovereignty (state), — 

meaning of, 307. 

limited by Constitution, 354. 

Continental Congress and, 357. 
Speaker of House, — 

state, 338. 

U.S., 399, 3. 
Spoils system, 390. 
State,— • 

as organized society, 4. 

prescribes business rules, 27. 

definition, jj, 306, 361. 

sheriff as officer, 272. 

embryo, 299. 

admission of new, 305. 

division of, 305. 

sovereign, 307. 

boundaries of, 308. 

combination of counties, 317. 

machinery, 317. 

business association, 318. 

local agents of, 319. 

jurisdiction over personal property, 
358. 

and nation, distinction, 367. 
State board of education in California, 

So. 
State, executive department, — 

definition, 21. 

governor as chief, 320, 1. 

subordinates, 324. 
State institutions, — 

control of, 332. 

oversight, 340. 
State lands, — 

patents for, 325. 

sale for taxes, 327. 
State party and constitution, 361. 
States, original thirteen, — 

ceded lands to Congress, 63. 

system of surveys in, 65. 



States, original thirteen, — 

boundaries of sections, 72. 

extent of territory, 297. 

powers of, 309. 

change from colonies, 355. 

local affairs in, 355. 

separating influences, 358. 

unifying influences, 359. 
Statute law, — 

defined, 25. 

how made, 341. 
Statutes of limitation, 213. 
Steamship companies, subsidies, 28, 2. 
Stenographer, duties of, 293. 
Stock, — 

shares, 148. 

listing on exchange, 150. 
Stock Exchange, 150. 
Strict-constructionists, — 

political views of, 28, 2. 

political party, 403. 
Subordinate boards, — 

township, 95. 

appeals from, 93. 

city, 238. 

county, 253. 
Subpoena, — 

definition, 181. 

service, 181. 
Suffrage, right of, 85. 
Sugar factories, bounties for, 28, 2. 
Suit at law, — 

duty to maintain, 12, 3. 

minor and next friend, 58. 

highway commissioner may bring, 
92. 

for personal property, 137. 

collect certificate of deposit, 151. 

must be timely, 162. 

plead one's own case, 173. 

defined, 173. 

trial of, 182. 

against county, 252. 

against state, 252, 409. 

files preserved, 280. 
Summons, — 

definition, 179. 

issued, 195. 

service and return, 196. 
Superintendent public instruction, — 

teachers and, 50. 

states, 329. 



34 2 



INDEX 



Superintendent public instruction, 

territories, 303. 
Supervisors, board of, — 

assist to form township, 78. 

county system, 103. 

composition of, 250. 

judicial powers, 270. 

circuit judge and, 286. 
Supreme Court (U.S.), 412. 

interprets Constitution, 363. 

Attorney General in, 387. 

President and, 408. 
Supreme court (state), — 

and circuit court, 185. 

decides question of law, 349. 

jurisdiction and power, 349. 

regulates lower courts, 350. 

administrative officers of, 353. 

decisions of other state courts, 
Supreme court, — 

territorial, 303. 



35°- 



Talesmen, — 

definition, 203. 

circuit court, 285. 
Tammany, political club, 258. 
Taney, Chief Justice, 406. 
Tariff, — 

protective, 28, 2. 

definition, 118. 
Taxation, — 

definition, 123. 

extent, 316. 
Taxes, — 

public school, 40, 42, 51. 

assessed in township, 89. 

assessed in county unit system, 
94. 

board of review and, 101. 

direct and indirect, 123. 

collector of county, 275. 

paid to state treasurer, 326. 

state, how apportioned, 327. 

railroad, 331. 

state equalization, 332. 
Tax law, method of enforcing, 21. 
Teacher, — 

defined, 44. 

authority of, 48, 84. 

examination, 50. 

support by taxation, 51. 

care for children, 53. 



Teacher, — 

certificate of, 50, 329. 

free from jury service, 176. 
Teachers' agencies, 156. 
Territorial courts, — 

appeals from, 303. 

appointment judges, 303. 

district, 303. 

justices, 303. 

supreme, 303. 

constitution and, 405. 
Territorial expansion, 297. 
Territories, — 

historical, 297. 

American, 299. 

constitution of, 300. 
Territories organized, — 

government in, 302. 

scope of legislation, 302. 

executive and judicial, 303. 

local life, 304. 

admission as states, 305, 311. * 
Texas, — 

not a territory, 299. 

two supreme courts, 349. 
Three departments, 21. 

separation into, 84, 365, 368. 

territories, 302. 

states, 311. 

nation, 368. 
Timber Culture Act, 73, 3. 
Title and guarantee companies, 154. 
Title, personal property, 139. 

shown by possession, 140. 

quality of, 143. 

transfer by sale, 144. 
Title to real property, 132. 

examination, 136. 

certificate of guaranty, 136, 154. 

shown by written instrument, 139. 

Attorney General U.S. reports on, 

385. 
Tobacco as money, 119. 
Town board, — 

duties of, 87. 

chairman, 89. 

clerk, 90. 

audits accounts, 91. 

legislation duties, 95, 96. 

judicial powers, 97. 

election inspectors, 99. 

appeal to circuit court, 34S. 



343 



INDEX 



Town meeting, — 

influence of, 81. 

date of holding, 83. 

clerk, 90. 
Township, — 

congressional, 66. 

judicial. See judicial township. 
Township, civil, — 

origin, 74. 

definition, 76. 

political unit, jj. 

birth of, 78. 

civil and religious organization, 79. 

county unit and, 83. 

charters of, 86. 

distribution of powers, 87. 

purchase of property, 96. 

court of, 173. 

settlers in N.E., 244. 
Township clerk, — 

duties of, 90. 

clerk board registration, 98. 

clerk board election inspectors, 
99. 
Township officers. See officers of town- 
ship. 
Township politics, — 

party manager, 256. 

duties of manager, 256. 
Township schools, — 

support in Massachusetts, 42. 
Treason, definition, 166. 
Treasurer, — 

township, 91. 

bonds furnished by, 91, 326. 

county, 275. 

local agent state, 319. 

approval of bonds, 327. 

U.S., 381. 
Treasury notes as money, 121. 
Treaties, — 

state cannot make, 307. 

Congress and, 369, 3 ; 369, 5. 

President negotiates, 369, 5. 

Secretary of State and, 379. 

for fugitives, 320, 4. 

Senate's assent, 398, 1. 
Trelawney, song, 226. 
Trespasser, defined, 10. 
True bill, 193, 284. 
Trust companies, 157. 
Trusts, definition, 157. 



Tuition schools, 41. 
United States, definition, 



3°7- 



Venire, definition, 201. 
Verdict, — 

definition, 183. 

criminal cases, 193. 

civil cases, 211. 
Veto, — 

mayor, 236. 

compared with referendum, 315. 

governor, 320, 3. 

bills that may receive, 341. 

President, 369, 3. 
Vice-President (U.S.), — 

elective office, 367, 3. 

duties and choice, 374, 398, 2. 

salary, 374. 
Village, — 

definition, 77. 

origin, 229, 231. 

incorporation, 230. 

township features, 233. 

national features, 233. 

courts of, 239. 

plots filed, 327. 
Virginia, — 

plans of union, 362, 1. 
Voting, — 

method, 107. 

Australian system, 304. 



Wages, exempt from execution, 39. 
Wampum as money, 119. 
War Department, — 

secretary, 382. 

business, 382. 
Wards in city, 236. 

party managers in, 255. 
Warrant. See civil warrant. 
Warrant, — 

search, 413. 

definition, 189. 

U.S. commissioner may issue, 407. 
Warrant officer, 395. 
Warranty deed, 133. 
Water, property in, 126. 
Weapons concealed, 313. 
Weather Bureau, 387, 2. 
Weights and measures, 326. 
Western Reserve, 63. 

344 



INDEX 



Western Territory and slavery, 63. 
Wife, — 

consent to sale of homestead, 38. 

sign mortgage, 134. 

not to testify against husband, 181. 
Wild animals, property in, 127. 
Will,— 

child may be disinherited, 37. 

transfers property, 132. 

dying without, 224. 

in sister states, 353. 



Will,— 

not U.S. law, 401. 
Witnesses, — 

not against self, 181. 

compelled to testify, 181. 
Writers and inventors, 228. 
Writs of error defined, 288. 
Wrongs, public and private, 160. 

Youth, period of, 54. 
personal habits, 61. 



345 



MAY 31 1902 

1 COPY DEL, TO CAT. 01V. 
MAY 31 1902 






II 



